State v. Ouellette

OPINION

STONEBURNER, Judge.

Appellant challenges his conviction of refusal to submit to chemical testing, asserting that the district court committed an error of fundamental law by failing to instruct the jury that it must find that he was lawfully arrested and that the implied consent advisory was read to him. Appellant also challenges his conviction of a lane violation, asserting that the evidence does not support the conviction.

FACTS

Appellant Todd Damase Ouellette was stopped for traffic violations and subsequently arrested for driving while impaired (DWI). At the police station, Ouel-lette…