State v. Kiyuna
Annotate this CaseDefendant was convicted of operating a vehicle under the influence of an intoxicant (OVUII). Defendant appealed, arguing (1) his Miranda rights and statutory right to counsel were violated when, after being taken into custody, where he was asked without Miranda warnings if he wanted to refuse to take a blood alcohol test; and (2) the district court improperly allowed the State to amend its complaint to alleged the requisite mens rea for the charge. The Supreme Court affirmed, holding (1) insofar as the charge was properly amended and Defendant did not challenge the sufficiency of the evidence supporting his conviction, his OVUII conviction still stands; and (2) the district court properly permitted the State to amend Defendant’s charge to allege mens rea.
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