State v. Webster

Kapsner, Justice.

[¶ 1] Jacob Webster appeals from a criminal judgment entered after a jury returned a general verdict finding him guilty of driving under the influence. Because a driver may not be criminally convicted for refusing a warrantless blood test incident to arrest under Birchfield v. North Dakota, - U.S. -, 136 S.Ct. 2160, 195 L.Ed.2d 560 (2016), we conclude the general verdict finding Webster guilty of driving under the influence under an instruction alternatively criminalizing the refusal to submit to a warrantless blood test incident to arrest was not harmless error beyond a…