State v. Sweet

Justice Jim Rice delivered the Opinion of the Court.

***203¶ 1 Robert Allan Sweet appeals his conviction of operating a noncommercial vehicle with an alcohol concentration of 0.08 or more, or "DUI per se," in violation of § 61-8-406(1)(a), MCA (2015), following ***204a jury trial in the Thirteenth Judicial District Court, Yellowstone County. He challenges the District Court's giving of a jury instruction. We affirm and address the following issue:

Did the District Court abuse its discretion by giving a "Norquay instruction" to the jury?

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Near midnight on May…