People v. Gaede

Defendant was convicted, after jury trial, of DUI. Defendant refused to submit to chemical breath test requested by arresting officer. Implied-consent statute is not facially unconstitutional. A statute is facially unconstitutional only if statute can never be constitutionally applied. Statute allowed Defendant to refuse request for breath test, and his fourth amendment rights were not violated when he refused test. No constitutional violation in suspension of drivers license after refusal, or in introduction at trial of Defendant's refusal of breath test, because Defendant does not always have a constitutional right to refuse a breath test.(KNECHT and TURNER, concurring.)