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State v. Knowels12/2/2003
A conviction rests upon insufficient evidence only when no rational fact finder could have found the defendant guilty beyond a reasonable doubt after viewing the evidence in a light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor." State v. Kunkel, 548 N.W.2d 773, 773 (N.D. 1996) (quoting State v. Schill, 406 N.W.2d 660, 660 (N.D. 1987) (citations omitted)).
[ ] Under North Dakota law, a person may be convicted for driving under the influence in one of two ways. Section 39-08-01(1)(a) (1997), N.D.C.C., sets forth a per se violation, stating that a person may not drive a vehicle if "that person has an alcohol concentration of at least ten one-hundreths of one percent by weight at the time of the performance of a chemical test within two hours after the driving . . . of a vehicle." A person may also not drive a vehicle "under the influence of intoxicating liquor." N.D.C.C. § 39-08-01(1)(b).
[ ] North Dakota law does not require a chemical test to convict under N.D.C.C. § 39-08-01(1)(b). State v. Whitney, 377 N.W.2d 132, 133 (N.D. 1985) (citing State v. Kimball, 361 N.W.2d 601 (N.D. 1985); State v. Gawryluk, 351 N.W.2d 94 (N.D. 1984); State v. Kisse, 351 N.W.2d 97 (1984)). " he crime created by subsection (1)(b) is driving while under the influence of intoxicating liquor, regardless of the driver's blood alcohol concentration." State v. Schwab, 2003 ND 119, 8, 665 N.W.2d 52 (citing City of Minot v. Bjelland, 452 N.W.2d 348, 350 (N.D. 1990)). Rather, the State must prove "the defendant, while driving a motor vehicle on a public way lacked `the clearness of intellect and control of himself that he would otherwise have.'" Whitney, 377 N.W.2d at 133 (quoting State v. Halvorson, 340 N.W.2d 176, 178 (N.D. 1983)).
[ ] After reviewing the evidence in the light most favorable to the verdict, we conclude the jury could reasonably have found Knowels was operating a vehicle while under the influence of intoxicating liquor, in violation of N.D.C.C. § 39-08-01(1)(b). Knowels' arguments regarding the State's lack of evidence of blood-alcohol content and the arresting officer's denial of a breath test are unpersuasive. We conclude this case contains no reversible errors of law, and the verdict is supported by sufficient evidence. We affirm.
[ ] William A. Neumann
Mary Muehlen Maring
Carol Ronning Kapsner
Dale V. Sandstrom
Gerald W. VandeWalle, C.J.
Page 1 2 North Dakota DUI Attorneys
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