specially concurring:
I agree with the result reached by the majority in this case but I do not agree with all of the findings or conclusions of the majority.
In particular I agree with the majority the defendant was under arrest before the blood-alcohol test was administered. Having so decided, the issue discussed at length in the majority opinion concerning the consequences of administering a test if the defendant was under arrest is obiter dictum, unnecessary to the opinion. In the interest of judicial restraint I see no special reason for considering an issue unnecessary to the resolution of the case in the circumstances presented by this appeal. I do not join with the majority in the reasoning or resolution of this issue.