City Of Bismark v. King

924 N.W.2d 137 (N.D. 2019)

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Nature of the Case

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Facts

Officer Olsen stopped D's vehicle. The Officer smelled the odor of alcohol coming from within the vehicle and D's eyes appeared to be red and glossy. D performed various field sobriety tests and was subsequently arrested for driving under the influence. D agreed to submit to a breath test and was transported to the Bismarck Police Department for testing. Upon arrival, Olsen asked D if he would submit to the breath test and he said 'no.' D was charged with operating a motor vehicle under the influence of alcohol and/or refusing to submit to a chemical test under Bismarck City Ordinance § 12-10-01(1). D requested the district court give a jury instruction about the refusal of a chemical test and a second instruction about the right to refuse a chemical test. The court refused. A jury found D guilty. D argues the district court erred by failing to give either of his requested jury instructions.