State v. Kurt Kummerfeldt

¶1 Kurt Kummerfeldt (Kummerfeldt) was convicted of operating a motor vehicle with an alcohol concentration in excess of. 08 in violation of § 61-8-406, MCA, the “DUI per se” statute (the per se statute). He challenges his conviction on the ground that four hours elapsed between the time he operated his vehicle and the time his blood was drawn for purposes of determining his blood alcohol concentration (BAC). He asserts that this was an unreasonable amount of time. We affirm.

ISSUE

¶2 The dispositive issue on appeal is:

¶3 Did the District Court improperly deny Kummerfeldt’s motion for a judgment…