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STATE v. KUMMERFELDT

No. DA 07-0653.

194 P.3d 662 (2008)

2008 MT 333

STATE of Montana, Plaintiff and Appellee, v. Kurt KUMMERFELDT, Defendant and Appellant.

Supreme Court of Montana.

Decided October 6, 2008.

Attorney(s) appearing for the Case

For Appellant: Peter L. Helland, Helland Law Firm, PLLC, Glasgow, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General, David Ole Olson, Assistant Attorney General, Helena, Montana, Ken Oster, Valley County Attorney, Glasgow, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Kurt Kummerfeldt (Kummerfeldt) was convicted of operating a motor vehicle with an alcohol concentration in excess of .08 in violation of § 61-8-406, MCA, the "DUI per se" statute (the per se statute). He challenges his conviction on the ground that four hours elapsed between the time he operated his vehicle and the time his blood was drawn for purposes of determining his blood alcohol concentration...

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