Ryan and Elizabeth’s client was charged with Driving While Intoxicated and Driving While Intoxicated with a Blood-Alcohol Content of .08 or more within 2 hours of driving in Stearns County. Ryan and Elizabeth filed a McNeely motion arguing that the breath test was without a warrant and without true consent and so it must be suppressed. The court agreed and suppressed the breath test. In addition, the court dismissed the DWI .08 or more charge. If the State chose to go to trial, they would not be able to present the breath test to the jury.