State, Department of Highways v. Pherson
State, Department of Highways v. Pherson
Opinion of the Court
On May 10,1968, at 1 a. m., respondent, Glen T. Pherson, was arrested by Officer Lawrence R. Carlson of the Bloomington Police Department for operating a motor vehicle while under the influence of an alcoholic beverage in violation of Minn. St. 1967, § 169.121. He was arrested on Interstate Highway No. 35-W, south of its intersection with Old Shakopee Road in Hennepin County.
Pherson was taken to the Bloomington police station where he was advised as to his rights with respect to a criminal charge under § 169.121 and with respect to the implied consent statute, Minn. St. 1967, § 169.123. Sergeant Nord requested that Pherson submit to a urine or breath test to determine the alcoholic content of his blood. A direct blood test was neither offered nor available. Pherson refused to take a breath or urine test.
The issue presented in this appeal is identical to that decided in State, Department of Highways, v. McWhite, 286 Minn. 468, 176 N. W. (2d) 285. We affirm on the basis of the McWhite case.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.