State v. Schwein

16 P.3d 373, 303 Mont. 450 (2000)

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State v. Schwein

Montana Supreme Court
16 P.3d 373, 303 Mont. 450 (2000)

RW

Facts

Michael Schwein (defendant) leased a space in a private parking lot. During daytime business hours the lot was open to the general public and unleased spaces were in common use by patrons of nearby businesses, but after dark the lot was accessible only to leaseholders. At Schwein's request, the lot's owner would remove unauthorized cars from Schwein's parking space. One night, a police officer noticed a car parked in Schwein's space with its headlights on. The officer investigated and found Schwein asleep in the front seat. The car's engine was not running, but the ignition switch was turned on. When the officer awakened Schwein, he showed obvious signs of drunkenness and refused to take field sobriety tests or a breath test. The officer arrested Schwein. A hospital blood test showed that Schwein had a blood alcohol concentration of 0.229 percent. The State of Montana (plaintiff) prosecuted Schwein for driving under the influence of alcohol (DWI). Montana's DWI statute required the state to prove that, while under the influence of alcohol, Schwein drove or was in actual physical control of a vehicle "upon the ways of the state open to the public." The jury found Schwein guilty, and he appealed his conviction to the Montana Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Leaphart, J.)

Dissent (Trieweiler, J.)

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