State of Montana v. Billie Erman Dallman

Summary

The Montana Supreme Court affirmed the denial of Billie Dallman’s motion to suppress blood-test evidence obtained after his arrest for driving under the influence. The court held that refusal of a preliminary alcohol screening test under § 61-8-409, MCA, did not prevent officers from requesting and obtaining the defendant’s voluntary consent to a separate post-arrest blood test under § 61-8-402, MCA.

Holdings

1. A refusal of a preliminary alcohol screening test under § 61-8-409 does not prevent an officer from requesting and obtaining consent to a separate post-arrest blood or breath test under § 61-8-402.
2. A warrant was not required because Dallman consented to the post-arrest blood test; the warrant requirement in § 61-8-402 applies when the person refuses the test.

Questions Presented

1. Whether Dallman's refusal of a preliminary alcohol screening test under Montana Code Annotated § 61-8-409 barred the deputy from requesting a subsequent post-arrest blood test under § 61-8-402.
2. Whether the post-arrest blood-test evidence had to be suppressed because the blood test was obtained without a warrant.

Disposition

affirmed