North Dakota v. Bohe

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Daniel Bohe appealed entered after his conditional plea of guilty to a charge of driving with a blood alcohol concentration of .08 or greater. Bohe argued that because he was given an incomplete implied consent advisory, the district court erred by failing to suppress evidence of blood test results under N.D.C.C. 39-20-01(3)(b). We reverse the judgment and the district court's order denying Bohe's motion to suppress the blood test evidence. The North Dakota Supreme Court concurred the entire statutory warning was not given here, and as a result, the blood test was inadmissible. The Court concluded the motion to suppress the blood test result should have been granted. The Court reversed the criminal judgment and remanded this case for further proceedings. View "North Dakota v. Bohe" on Justia Law