State v. Ditton

¶1 On November 5, 2007, Michael H. Ditton (Ditton) was convicted of driving under the influence (DUI) in the Municipal Court of the City of Bozeman, Montana. Ditton subsequently appealed his DUI conviction to the Eighteenth Judicial District Court, Gallatin County. On April 9, 2008, the District Court affirmed Ditton’s conviction and Ditton now appeals the District Court’s decision. We affirm Ditton’s conviction, but remand Ditton’s sentence for further proceedings consistent with this Opinion.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 At approximately 11:30 p.m. on August 19,2006, Bozeman Police…