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STATE v. SALTER

No. 20080080.

758 N.W.2d 702 (2008)

2008 ND 230

STATE of North Dakota, Plaintiff and Appellee v. Patrick SALTER, Defendant and Appellant.

Supreme Court of North Dakota.

December 16, 2008.

Attorney(s) appearing for the Case

Tyrone Jay Turner, Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellee.

Danny Lee Herbel, The Regency Business Center, Bismarck, N.D., for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Patrick Salter appeals from his conviction for driving under the influence of an intoxicating liquor in violation of N.D.C.C. § 39-08-01, entered upon a conditional plea of guilty after the district court denied his motion to suppress. Salter argues the district court erred in denying his motion to suppress because he did not voluntarily consent to blood-alcohol testing. We affirm, concluding Salter's consent was implied and he did...

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