State v. Beanblossom

¶1 The defendant, Dale Beanblossom (Beanblossom), was charged with “Driving under the Influence of Alcohol, Fourth or Subsequent Offense” in violation of §§ 61-8-401 and -731, MCA. Beanblossom filed a motion to dismiss, alleging that the arresting officer failed to administer a breathalyzer test in violation of § 61-8-402(2), MCA, and in violation of his constitutional right to due process. The District Court for the County of Musselshell denied Beanblossom’s motion, and a jury ultimately convicted him of the felony DUI charge. Beanblossom appeals the District Court’s denial of his motion to…