City of Helena v. Barrett

The Defendant Robert Patrick Barrett appeals the judgment and order of the Montana First Judicial District Court, Lewis and Clark County, convicting him of the offense of driving under the influence of alcohol or drugs. We affirm the conviction.

Barrett raises the following issue on appeal:

Did the District Court err in refusing to give the Defendant’s proposed instructions nos. 3 and 4?

Officers testified that on February 21, 1989, Barrett’s vehicle was observed driving down the wrong side of the roadway, drifting back across the roadway, and weaving. When stopped, Barrett refused to take any…