State v. Kenneth Merry

¶ 1 Kenneth Eugene Merry (Merry) appeals from his conviction in the Seventh Judicial District, McCone County, of driving under the influence of alcohol (DUI). We affirm.

¶2 We restate the issues as follows:

¶3 Did the District Court err when it denied Merry’s motion to suppress the results of his blood alcohol test on the grounds that the sample was collected in violation of § 61-8-405(1), MCA?

¶4 Does the Health Center’s policy unlawfully allow LPNs to conduct blood draws without the supervision and direction of a physician or registered nurse?

¶5 Do violations of the Health Center’s policy…