State, Department of Highways v. Pherson

Per Curiam. 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. *551 On May 10, 1968, it was certified to the commissioner of highways that Pherson refused to take a chemical test to determine the alcoholic content of his blood and the commissioner, pursuant to § 169.123, subd. 4, revoked his driver’s license for 6 months. Pherson demanded a hearing before the municipal court, which upheld the commissioner. On appeal, the district court ruled that the failure to offer a direct blood test meant no action could be taken against him for refusing to submit to a urine or breath test. The state appeals. 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.