Barnier v. State

OPINION

By the Court,

Maupin, J.:

Michael John Barnier appeals from a judgment of conviction for driving a motor vehicle under the influence of intoxicating liquor (DUI), third offense, a category B felony under Nevada law. We now consider whether failure to instruct DUI trial juries regarding certain factors for determining “actual physical control” of a motor vehicle 2 mandates reversal. Having concluded in the affirmative, we reverse and remand this matter for a new trial.

FACTUAL BACKGROUND

On May 5, 1999, the Lincoln County Sheriffs Department received information that a male and female…