Mont. Code Ann. » TITLE 61. MOTOR VEHICLES · CHAPTER 8. TRAFFIC REGULATION · Part 4. Driving Under Influence of Alcohol or Drugs (Repealed)
Montana Code Annotated

Mont. Code Ann. § 61-8-405 (2026)

Repealed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 61
  3. CHAPTER 8
  4. Part 4
  5. 61-8-405 Repealed

TITLE 61. MOTOR VEHICLES

CHAPTER 8. TRAFFIC REGULATION

Part 4. Driving Under Influence of Alcohol or Drugs (Repealed)

Repealed

61-8-405. Repealed. Sec. 44, Ch. 498, L. 2021.

History: En. Sec. 3, Ch. 131, L. 1971; R.C.M. 1947, 32-2142.3; amd. Sec. 4, Ch. 103, L. 1981; amd. Secs. 1, 13, Ch. 503, L. 1985; amd. Sec. 14, Ch. 378, L. 1989; amd. Sec. 5, Ch. 789, L. 1991; amd. Sec. 4, Ch. 564, L. 1993; amd. Sec. 6, Ch. 88, L. 1997; amd. Sec. 4, Ch. 283, L. 2011; amd. Sec. 15, Ch. 153, L. 2013; amd. Sec. 8, Ch. 424, L. 2015.

Notes of Decisions
Cited in 37 cases (1 in the last 5 years), 1981–2023 · leading case: State v. Kenneth Merry, 2008 MT 288 (Mont. 2008).
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State v. Kenneth Merry, 2008 MT 288 (Mont. 2008). · cites it 167× “Merry maintains that Bailey was not acting under the supervision and direction of a physician or RN, as required by § 61-8-405, MCA, because neither a physician nor an RN was physically present at the Health Center.”
State v. Strand, 951 P.2d 552 (Mont. 1997). · cites it 24× “Section 61-8-405(2), MCA. The right to obtain an independent blood test is both statutory and required by due process.”
State v. Swanson, 722 P.2d 1155 (Mont. 1986). · cites it 15× “The statute concerning additional tests is § 61-8-405(2), MCA, which states: The person tested may, at his own expense, have a physician or registered nurse of his own choosing administer a test, in addition to any administered at the direction of a peace officer, for the…”
State v. Heath, 432 P.3d 141 (Mont. 2018). · cites it 13× “Section 61-8-405(1), MCA, provides: Only a physician, 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 for the purpose of determining any measured…”
State, City of Bozeman v. Peterson, 739 P.2d 958 (Mont. 1987). · cites it 11× “In Swanson, this Court interpreted Section 61-8-405(2), MCA, as granting to the defendant the right to obtain an independent blood test to establish his or her sobriety regardless of whether the defendant submitted to a police designated test.”
State v. Zakovi, 2005 MT 91 (Mont. 2005). · cites it 10× “Did the District Court err when it denied Zakovi’s motion to suppress the results of his blood alcohol test on the grounds that the sample was collected in violation of § 61-8-405(1), MCA? FACTUAL AND PROCEDURAL BACKGROUND ¶7 On July 11,2001, at approximately 11:00 p.”
State v. Clark, 762 P.2d 853 (Mont. 1988). · cites it 6× “The State contends phone calls were made on Clark's behalf, three to his physician, and during none of these calls did he request a blood test.”
State v. Klinkhammer, 846 P.2d 1008 (Mont. 1993). · cites it 21× “ered to a defendant by the law enforcement officer: The person may, at his own expense, have a physician or registered nurse of his own choosing administer a test, in addition to any administered at the direction of a peace officer, for the purpose of determining any measured…”
State v. Stefanie Schauf, 2009 MT 281 (Mont. 2009). · cites it 7× “¶21 Moreover, as to Schauf s conviction of negligent vehicular assault, this Court’s prior rulings on the use of State-obtained blood samples are distinguishable.”
State v. Minkoff, 2002 MT 29 (Mont. 2002). · cites it 4× “Here, the officer's repeated statements that the blood test would show a higher blood alcohol level, albeit well-intentioned, were affirmative acts which would frustrate, if not obliterate, the intention of any rational arrestee to obtain an independent blood test.”
State v. Sidmore, 951 P.2d 558 (Mont. 1997). · cites it 7× “In addition to the officer-designated breath test provided for under § 61-8-402, MCA (1995) (the Implied Consent Law), § 61-8-405(2), MCA (1995), allowed for additional tests to determine blood alcohol.”
State v. Wrzesinski, 2006 MT 263 (Mont. 2006). · cites it 12× “This Court held Klinkhammer was not requesting an independent test under § 61-8-405(2), MCA, but was requesting his physician to perform the state-administered sobriety test, and that there was no violation of Klinkhammer's due process rights.”
Show all 37 citing cases →
— Mont. Code Ann. § 61-8-405(1) — 7 cases
State v. Kenneth Merry, 2008 MT 288 (Mont. 2008). “Merry maintains that Bailey was not acting under the supervision and direction of a physician or RN, as required by § 61-8-405, MCA, because neither a physician nor an RN was physically present at the Health Center.”
State v. Heath, 432 P.3d 141 (Mont. 2018). “Section 61-8-405(1), MCA, provides: Only a physician, 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 for the purpose of determining any measured…”
State v. Zakovi, 2005 MT 91 (Mont. 2005). “Did the District Court err when it denied Zakovi’s motion to suppress the results of his blood alcohol test on the grounds that the sample was collected in violation of § 61-8-405(1), MCA? FACTUAL AND PROCEDURAL BACKGROUND ¶7 On July 11,2001, at approximately 11:00 p.”
State v. McDonald, 697 P.2d 1328 (Mont. 1985).
State Ex Rel. McGrath v. Montana Twenty-First Jud. Dist. Court, 2001 MT 305 (Mont. 2001).
— Mont. Code Ann. § 61-8-405(2) — 21 cases
State v. Strand, 951 P.2d 552 (Mont. 1997). “Section 61-8-405(2), MCA. The right to obtain an independent blood test is both statutory and required by due process.”
State v. Swanson, 722 P.2d 1155 (Mont. 1986). “The statute concerning additional tests is § 61-8-405(2), MCA, which states: The person tested may, at his own expense, have a physician or registered nurse of his own choosing administer a test, in addition to any administered at the direction of a peace officer, for the…”
State, City of Bozeman v. Peterson, 739 P.2d 958 (Mont. 1987). “In Swanson, this Court interpreted Section 61-8-405(2), MCA, as granting to the defendant the right to obtain an independent blood test to establish his or her sobriety regardless of whether the defendant submitted to a police designated test.”
State v. Clark, 762 P.2d 853 (Mont. 1988). “The State contends phone calls were made on Clark's behalf, three to his physician, and during none of these calls did he request a blood test.”
State v. Klinkhammer, 846 P.2d 1008 (Mont. 1993). “ered to a defendant by the law enforcement officer: The person may, at his own expense, have a physician or registered nurse of his own choosing administer a test, in addition to any administered at the direction of a peace officer, for the purpose of determining any measured…”
— Mont. Code Ann. § 61-8-405(5) — 1 case
State v. Poitras, 2015 MT 287 (Mont. 2015).
— Mont. Code Ann. § 61-8-405(6) — 1 case
McAlpine v. Midland Elec. Co., 634 P.2d 1166 (Mont. 1981).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.