State v. Kordonowy

McEVERS, Justice.

[¶ 1] Jonathan Kordonowy appeals from a criminal judgment entered after a jury found him guilty of refusal to submit to a chemical test. Kordonowy argues the criminal refusal statute is unconstitutional and the district court erred in refusing to give his requested jury instruction informing the jury he had a right to refuse a chemical test. We affirm the judgment.

I

[¶ 2] Kordonowy was charged with driving under the influence and refusal to submit to chemical testing in violation of N.D.C.C. § 39-08-01.

[¶ 3] Kordonowy moved to dismiss the refusal charge, arguing N.D.C.C. §…