State v. Murphy

SANDSTROM, Justice.

James W. Murphy has appealed a county court judgment of conviction entered upon a jury verdict finding him guilty of driving under the influence of intoxicating liquor. Murphy contends the trial court should have instructed the jury he had an absolute right to refuse a chemical test. We affirm.

I

On June 14, 1993, a North Dakota Highway Patrol officer observed Murphy driving a vehicle with a defective taillight. When Murphy got out of his vehicle after parking near a bar, he was approached by the officer, who observed that Murphy had a strong odor of alcohol on his breath,…