Indreland v. Montana Department of Justice

The Supreme Court affirmed the order of the district court denying Appellant's petition to reinstate his driver's license after it was suspended following his refusal to submit to a post-arrest blood or breath test under Mont. Code Ann. 61-8-402, holding that the district court did not err by determining that the arresting officer had reasonable grounds to believe Appellant was driving a vehicle on Montana's public roadways while under the influence.Specifically, the Court held (1) the arresting officer had a sufficient particularized suspicion, stemming from a reliable informant's 911 call, that ripened into probable cause to arrest Appellant for driving under the influence and also had reasonable grounds to believe Appellant was driving while under the influence; and (2) because the officer appropriately requested that Appellant submit to post-arrest testing under section 61-8-402(a)(i), Appellant's refusal to do so properly resulted in a suspension of Appellant's driver's license. View "Indreland v. Montana Department of Justice" on Justia Law