State v. Favel, 2015 MT 336 (Dec. 2, 2015) (McKinnon, J.; McKinnon, J., specially concurring) (5-0, aff’d)
Issue: Whether the prosecution improperly commented on the statutory inference of intoxication under § 61-8-404(2) and asserted that Favel was responsible for establishing her innocence, thereby denying Favel her right to a fair and impartial trial.
Short Answer: No.
Facts: Havre police officer Sgt. Poulos stopped a car and identified Favel as the driver. Favel’s eyes were red and glassy, she was slurring her speech, and the officer smelled alcohol on her breath. Favel failed standard field sobriety tests, and refused a breath test. Eventually Poulos obtained a search warrant for Favel’s blood, which revealed a BAC of .13 percent.
The state charged Favel with felony DUI, fourth or subsequent offense.…