State v. Miller, 2008 MT 106

Summary

The Supreme Court of Montana considered whether a jury instruction permitting an inference of intoxication from a defendant's refusal to submit to breath, blood, or physical testing violated due process or shifted the burden of proof. The court held that the instruction, read together with the other jury instructions, permissibly stated Montana law and did not unconstitutionally shift the burden to the defendant. The court affirmed Miller's convictions.

Holdings

1. Instruction No. 12, considered together with the other jury instructions, fully and fairly instructed the jury regarding the applicable law.
2. As applied to Miller, § 61-8-404(2), MCA, did not unconstitutionally shift the burden of proof to him.

Questions Presented

1. Whether the district court erred by giving Instruction No. 12, which stated that a defendant's refusal to submit to physical, breath, or blood testing was admissible and that the jury could infer the defendant was under the influence.
2. Whether Montana Code Annotated § 61-8-404(2), as applied through the instruction, unconstitutionally shifted the burden of proof or violated Miller's due process rights and presumption of innocence.

Disposition

affirmed