Engstrom v. North Dakota Department of Transportation

Summary

The North Dakota Supreme Court affirmed a district court judgment upholding the administrative revocation of John Engstrom’s driver’s license for refusing a blood test after an arrest for being in actual physical control of a vehicle while under the influence. The court held that the officer had reasonable and articulable suspicion to order Engstrom out of his parked vehicle and probable cause to arrest him, based on the circumstances, observations, admission to consuming alcohol, and failed HGN test. The court also held that challenges to the reliability of the HGN test affected the weight of the evidence rather than its admissibility.

Holdings

1. The officer had reasonable and articulable suspicion to seize Engstrom by ordering him out of the parked vehicle.
2. The officer had probable cause to arrest Engstrom for being in actual physical control of a vehicle while under the influence of intoxicating liquor.

Questions Presented

1. Whether the officer had reasonable and articulable suspicion to order Engstrom out of his parked vehicle.
2. Whether the officer had probable cause to arrest Engstrom for being in actual physical control of a vehicle while under the influence of intoxicating liquor.
3. Whether the North Dakota Constitution afforded Engstrom greater protection against unreasonable searches and seizures than the federal Constitution in these circumstances.

Disposition

affirmed