Client was arrested and charged with OWI. While at the jail she was read the implied consent advisory and a breath sample was verbally requested by the officer. The client declined to provide a sample. Subsequently, the officer asked the client to sign the implied consent request and notice form. The court granted suppression of the breath test refusal for the officer’s failure to make his request for a breath sample in writing. Client pled guilty to the reduced charge of reckless driving. Client’s driver’s license was spared.
