People v. McDonald

Following a district court jury trial, defendant was convicted of operating a vehicle while having an unlawful blood alcohol level (ouil/ubal), MCL 257.625; MSA 9.2325. During defendant’s trial, the prosecutor was allowed, over defense objection, to ask the arresting officer whether defendant submitted to a chemical breath analysis. The question was allowed and a cautionary instruction was given pursuant to MCL 257.625a(7); MSA 9.2325(1)(7) [now MCL 257.625a(10); MSA 9.2325(1)(10)]. That statute provides in relevant part:

A person’s refusal to submit to a chemical test . . . shall be…