City of Helena v. Davis

This is an appeal by the defendant from his conviction for the offense of driving under the influence of alcohol or drugs in violation of 61-8-401, MCA. The only contention raised by the defendant on appeal is whether the trial court properly instructed the jury with regard to the above charged offense. We reverse and remand this case for a new trial consistent with this opinion.

On April 14, 1985, the defendant-appellant, Keith Owen Davis (hereinafter “Davis”), was arrested for driving under the influence of alcohol or drugs in violation of Section 61-8-401, MCA. The defendant was convicted…