STATE v. BIRCHFIELD

No. 20140109.

885 N.W.2d 62 (2016)

2016 ND 182

STATE of North Dakota, Plaintiff and Appellee v. Danny BIRCHFIELD, Defendant and Appellant.

Supreme Court of North Dakota.

September 15, 2016.


Attorney(s) appearing for the Case

Morton County State's Attorney's Office, Mandan, N.D., for plaintiff and appellee.

Danny L. Herbel , Bismarck, N.D., for defendant and appellant.


[¶ 1] After being arrested for driving under the influence, Danny Birchfield refused to consent to a warrantless chemical blood test and was charged with refusal to submit to a chemical test in violation of N.D.C.C. § 39-08-01. He moved to dismiss the criminal charge, contending N.D.C.C. § 39-08-01, which criminalizes the refusal...

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