Police officers pull Montana drivers over for many reasons. They may notice a burned out-tail light or might pull over someone who didn’t use a turn signal at an intersection. Sometimes, officers already suspect chemical intoxication when they first approach a vehicle. Other times, they start to suspect intoxication while talking with the driver.
In either scenario, a police officer might ask a driver to perform field sobriety tests and to undergo chemical testing. Their goal is to gather evidence of intoxication.
Are impairment-related tests mandatory for motorists in Montana?
Some testing is occasionally mandatory
Montana does have an implied consent law. Effectively, state statutes require that people submit to chemical testing if a police officer has a reason to arrest a driver. When an officer has probable cause to believe someone is under the influence, a driver has an obligation to undergo blood or breath testing.
Should they refuse, they may face accusations of violating the implied consent law. They may face an additional license suspension in addition to any penalties the courts may hand down so they plead guilty to or get convicted of a driving under the influence (DUI) offense.
That being said, not all testing is mandatory. Montana police officers generally cannot arrest someone for refusing a field sobriety test. The courts also cannot punish drivers who do not perform field sobriety tests. Additionally, if an officer has not yet made the decision to arrest a driver who they believe is under the influence, the driver can potentially decline testing without putting their license and freedom at risk.
Officers sometimes ask for permission to conduct tests that they could not legally justify without someone’s consent. Drivers can decline to answer invasive questions and to perform physical tasks as part of a field sobriety test. It is only after an arrest that refusing a chemical test could become a secondary criminal offense. Police officers often count on drivers not understanding the law as they search for a justification to arrest a motorist.
Motorists who know their rights can exercise them during traffic stops and can reduce their chances of being convicted of DUI charges. Understanding Montana’s unique laws can be beneficial for those at risk of accusations and those accused of doing something illegal in traffic.
