Chemical Testing During Montana DUI Arrests

According to Montana's implied consent law, person's arrested for Montana DUI will be asked to submit to a breath or blood test to determine the amount of alcohol and/or drugs present in the person's body. Which test will be requested is in the discretion of the police.

The Methods of DUI alcohol and drug testing in Montana

PRELIMINARY BREATH TESTING (PBT) - Montana's implied consent law also pertains to preliminary alcohol testing. A PBT is a handheld breath testing device that is administered to DUI suspects on scene prior to arrest. The results of the PBT are to help aide the officer in his determination of whether to make an arrest. DUI suspects have a right to refuse a PBT. Refusal to submit to a PBT upon a lawful request will result in the suspension of the person's driving privileges for up to 1 year. Preliminary breath tests may not be conducted or requested unless the PBT instrument as well as the officer have been certified by the department.

BREATH TESTING - Evidentiary breath testing in the state of Montana is conducted on breath machines called the Intoxilizer. Prior to testing, a DUI suspect must be observed for at least 20 minutes to ensure nothing is placed into the mouth that would interfere with the machine's test results.

BLOOD TESTING - Blood testing is commonly performed in DUI cases where the police suspect impairment by drugs. Blood testing is also commonly used in cases where a breath test is not available or a person has been involved in an accident. Only a physician or registered nurse, or other qualified person acting under the supervision and direction of a physician or registered nurse, may, at the request of a peace officer, withdraw blood.

ADDITIONAL TESTING - In addition to the chemical test or tests administered by the police, DUI suspects have a right to request an independent blood sample be drawn by a physician or nurse. The police are prohibited from unreasonably impeding a person's right to obtain an independent blood test. The officer is permitted (but has no duty) to transport the person to a medical facility or otherwise assist in helping te person obtain the test. The DUI suspect is responsible for paying the cost of the independent test. The failure or inability of a person to obtain independent testing does will not preclude the admission of the tests administered by the police into evidence.

Upon the request of the person tested, full information concerning any test given at the direction of the police must be made available to the person and/or his attorney.