State v. Dowdy
Decision Date | 21 February 2019 |
Docket Number | No. 20180204,20180204 |
Parties | STATE of North Dakota, Plaintiff and Appellee v. Alexis DOWDY, Defendant and Appellant |
Court | North Dakota Supreme Court |
Karlei K. Neufeld, Assistant State’s Attorney, Bismarck, ND, for plaintiff and appellee.
Danny L. Herbel, Bismarck, ND, for defendant and appellant.
[¶1] Alexis Dowdy appeals from a judgment entered after she conditionally pled guilty to driving under the influence of alcohol. Dowdy argues the arresting officer improperly added inaccurate and coercive language to the statutorily required implied consent advisory, and she did not voluntarily consent to chemical testing. The district court found Dowdy was read a complete implied consent advisory and she voluntarily consented to chemical testing. We affirm.
[¶2] North Dakota Highway Patrol Officer Jeremy Rost stopped Dowdy in Bismarck for making an improper turn. Dowdy admitted she consumed five alcoholic beverages. After administering field sobriety tests, Rost arrested Dowdy for driving under the influence. Rost read Dowdy the North Dakota implied consent advisory and took her to the Burleigh Morton detention center for a chemical breath test. The test revealed Dowdy’s blood alcohol concentration of 0.168 percent.
[¶3] Dowdy moved to suppress the results of her chemical breath test, arguing Rost did not read her an accurate implied consent advisory. She also argued she did not voluntarily consent to the breath test. The district court denied Dowdy’s motion after reviewing the evidence, including a video of the traffic stop. The court found Rost read her an accurate and complete implied consent advisory and she voluntarily consented to the breath test. Dowdy conditionally pled guilty to driving under the influence of alcohol.
[¶4] Our standard of review for a district court’s decision on a motion to suppress evidence is well established:
State v. James , 2016 ND 68, ¶ 5, 876 N.W.2d 720 (quoting City of Dickinson v. Hewson , 2011 ND 187, ¶ 6, 803 N.W.2d 814 ). Whether a finding of fact meets a legal standard is a question of law, which is fully reviewable on appeal. State v. White , 2018 ND 266, ¶ 6, 920 N.W.2d 742.
[¶5] Dowdy argues the district court erred in denying her motion to suppress because Rost read her an inaccurate implied consent advisory. She also claims her consent to the chemical breath test was not voluntary because Rost’s reading of the implied consent advisory coerced her into taking the test.
[¶6] Dowdy asserts Rost failed to read her the implied consent advisory required under N.D.C.C. § 39-20-01(3)(a), and therefore, the evidence of her breath test was inadmissible. Section 39-20-01(3)(a), N.D.C.C., provides in part:
If the officer fails to inform the individual charged as required under N.D.C.C. § 39-20-01(3)(a), the test results are "not admissible in any criminal or administrative proceeding." N.D.C.C. § 39-20-01(3)(b).
[¶7] The voluntariness of a defendant’s consent "must be determined by the totality of the circumstances." State v. Fleckenstein , 2018 ND 52, ¶ 9, 907 N.W.2d 365.
Id. at ¶ 6 (quoting State v. Syvertson , 1999 ND 134, ¶ 20, 597 N.W.2d 652 (citations omitted)).
[¶8] After Rost arrested Dowdy, he read her the following implied consent advisory:
(Emphasis added.)
[¶9] Dowdy argues the emphasized language added by Rost in his reading of the implied consent advisory was inaccurate and coercive. Dowdy asserts the additional language impaired her ability to make an informed decision on whether to consent to a chemical test.
[¶10] In Korb v. N.D. Dep't of Transp. , 2018 ND 226, ¶ 9, 918 N.W.2d 49, we addressed a similar argument relating to additional language in an officer’s reading of the implied consent advisory:
We concluded N.D.C.C. § 39-20-01(3)"provides only the mandatory language that must be included in the advisory." Korb , at ¶ 10. The additional language in the implied consent advisory was an accurate statement derived from N.D.C.C. § 39-20-01(1). Korb , at ¶ 11. We held that ...
To continue reading
Request your trial-
State v. Bolme
...on a motion to suppress, we defer to the court's findings of fact and resolve conflicts in testimony in favor of affirmance. State v. Dowdy , 2019 ND 50, ¶ 4, 923 N.W.2d 109. This Court will affirm the district court's decision on a motion to suppress unless we conclude there is insufficien......
-
City of Bismarck v. Vagts
...with the implied consent advisory language in N.D.C.C. § 39-20-01(3). See State v. Vigen , 2019 ND 134, 927 N.W.2d 430 ; State v. Dowdy , 2019 ND 50, 923 N.W.2d 109 ; City of Grand Forks v. Barendt , 2018 ND 272, 920 N.W.2d 735 ; LeClair v. Sorel , 2018 ND 255, 920 N.W.2d 306 ; Korb v. N.D.......