State v. Leviner

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• acknowledging that DUI suspects have the right to refuse to take a requested State-administered chemical test subject to the legislative mandate that evidence of the exercise of that right shall be admissible in the suspect’s criminal trial
• DUI suspects must be properly advised regarding the implied consent law in order for their refusal to submit to a state-administered test to be admissible
• in enacting that statute, the legislature intended to impose additional implied consent notice requirements at the time the law enforcement officer requested the person to submit to a chemical test
• where suspect was not yet in custody, officer was not required to inform suspect that suspect’s performance of field sobriety tests was voluntary, even where officer directed suspect to perform the tests
• where information given to a defendant contains substantial misleading, inaccurate, or extraneous information such that the defendant was confused as to her implied consent statutory privileges, the results of any test obtained pursuant to the implied consent statute must be excluded

Source: CourtListener parenthetical corpus (CC0).