State v. Tyler

DANIEL E. SCOTT, Presiding Judge.

Appellant appeals his jury conviction for driving while intoxicated (DWI). He does not challenge the sufficiency of the evidence, which viewed favorably to the result, showed that Appellant drove a motor vehicle, while in an intoxicated condition, and refused to submit to a breathalyzer test.

Alleged Instructional Error

At the instruction conference, the State tendered MAI-CR 3d 331.02, which is the approved pattern verdict director for DWI:

Instruction No. 5

If you find and believe from the evidence beyond a reasonable doubt:

First, that on or about November 29,…