Legal analysis from Dean's Law Dictionary will be displayed here.

This section contains the nature of the case and procedural background.

Officer Olsen stopped D's vehicle. The Officer smelled the odor of alcohol coming from within the vehicle and D's eyes appeared to be red and glossy. D performed various field sobriety tests and was subsequently arrested for driving under the influence. D agreed to submit to a breath test and was transported to the Bismarck Police Department for testing. Upon arrival, Olsen asked D if he would submit to the breath test and he said 'no.' D was charged with operating a motor vehicle under the influence of alcohol and/or refusing to submit to a chemical test under Bismarck City Ordinance § 12-10-01(1). D requested the district court give a jury instruction about the refusal of a chemical test and a second instruction about the right to refuse a chemical test. The court refused. A jury found D guilty. D argues the district court erred by failing to give either of his requested jury instructions.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.