ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.
Defendant appeals from civil suspension of his license based on the district court's finding that he refused to take an infrared breath test. He argues that because the Department of Health had not yet promulgated regulations governing use of the Datamaster infrared device for which he refused to provide a sample, he did not refuse to submit to an "evidentiary test" and, therefore, did not violate the "implied...
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