State v. Berrey

Defendant appeals from convictions of driving while intoxicated — third offense, Count I, driving while revoked, Count II, and failure to keep right, Count III. §§ 577.010, 302.321, and 304.015.2, RSMo 1986.1 The matter was tried before a jury, however, defendant was sentenced by the trial court as a repeat alcohol offender to four years imprisonment on Count I, 30 days on Count II, and a one dollar fine on Count III. § 577.023.12. On appeal, defendant claims three points of error: (1) the trial court allowed evidence of defendant’s refusal to take a chemical test when the officer failed to…