61-8-409. Repealed. Sec. 44, Ch. 498, L. 2021.
Montana Code Annotated
Mont. Code Ann. § 61-8-409 (2026)
Repealed
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TITLE 61. MOTOR VEHICLES
CHAPTER 8. TRAFFIC REGULATION
Part 4. Driving Under Influence of Alcohol or Drugs (Repealed)
Repealed
History: En. Sec. 1, Ch. 447, L. 1995; amd. Sec. 8, Ch. 88, L. 1997; amd. Sec. 9, Ch. 556, L. 2003; amd. Sec. 5, Ch. 282, L. 2011; amd. Sec. 5, Ch. 283, L. 2011; amd. Sec. 10, Ch. 424, L. 2015.
Notes of Decisions
Cited in 22
cases (2 in the last 5 years), 1997–2022 · leading case: State v. Weldele, 2003 MT 117, 69 P.3d 1162.
State v. Weldele, 2003 MT 117, 69 P.3d 1162. “First, the Strizich Court explained that § 61-8-404, MCA, provided that results from post -arrest tests were admissible as evidence in a DUI trial, but that, in direct contrast, § 61-8-409, MCA, only provided that the PAST may be used in determining whether probable cause exists…”
City of Missoula v. Armitage, 2014 MT 274, 335 P.3d 736. “Pursuant to § 61-8-409(3), MCA, the officer “shall inform the person of the right to refuse the test” (emphasis added) and that the refusal will result in the suspension of 17 the person’s driver’s license for up to one year.”
State v. Strizich, 952 P.2d 1365 (Mont. 1997). “Section 61-8-409, MCA, on the other hand, provides for a preliminary alcohol screening test (previously referred to as a PBT) of a person's breath for the purpose of " estimating the person's alcohol concentration, upon the request of a peace officer who has a particularized…”
State v. Snell, 2004 MT 334, 103 P.3d 503. “We based this conclusion on §§ 61- 8-402, 404, MCA (1995), which made specific provisions for use of the results of a post- arrest blood/alcohol test as trial evidence; and on § 61-8-409, MCA (1995), and Rule 23.4.201(7)(b), ARM (1995), which specifically limited use of the…”
State v. McGowan, 2006 MT 163, 139 P.3d 841. “Section 61-8-409(2), MCA. ¶ 14 Therefore, if an officer has a particularized suspicion that a person has been operating a motor vehicle while under the influence of alcohol, the officer may administer a preliminary screening test to estimate the amount of alcohol in their system.”
City of Missoula v. J. Williams, 2017 MT 282, 406 P.3d 8. “” Section 61-8-409, MCA; see 1995 Mont. Laws 2081 .”
Nichols v. Dep't of Just., 2011 MT 33, 248 P.3d 813. “Section 61-8-409, MCA, provides that a driver is considered to have given consent to a preliminary alcohol screening test requested by a police officer in a DUI investigation.”
State v. S. Hoover, 2017 MT 236, 402 P.3d 1224. “2d 108 (field sobriety tests infringe reasonable expectation of privacy and constitute a search requiring particularized suspicion of DUI); § 61-8-409(1), MCA (implied consent PBT on particularized suspicion of DUI); and Bramble v.”
State v. Damon, 2005 MT 218, 119 P.3d 1194. “We based this holding on the statutory language of § 61-8-404, MCA (1995), and § 61-8-409, MCA (1995), neither of which specifically provided that results of a PBT would be admissible as substantive evidence of guilt.”
State v. M. Zeimer, 2022 MT 96, 510 P.3d 100. “Continued Detention, Truck Search, and PBT/PAST Administration ¶16 After the truck search, Deputy 2 returned and read Zeimer the Montana implied consent advisory pursuant to § 61-8-409, MCA (2015) (implied consent to PBT/PAST 23 screening on particularized suspicion of…”
Bramble v. State, Dept. of Just., MVD, 1999 MT 132, 982 P.2d 464. “¶ 1 On November 13,1997, Gary Bramble filed a petition in the Thirteenth Judicial District Court, Yellowstone County, to challenge the seizure and suspension of his Montana driver’s license for refusing to submit to a preliminary breath test pursuant to § 61-8-409, MCA, and…”
Smith v. State, 1998 MT 94, 958 P.2d 677. “When he refused to submit to a preliminary alcohol screening test (PAST), his Montana driver’s license was suspended pursuant to § 61-8-409, MCA (1995). The Eighteenth Judicial District Court, Gallatin County, upheld the suspension of Smith’s license.”
Mont. Code Ann. § 61-8-409(1): 9 cases
State v. Weldele, 2003 MT 117, 69 P.3d 1162. “First, the Strizich Court explained that § 61-8-404, MCA, provided that results from post -arrest tests were admissible as evidence in a DUI trial, but that, in direct contrast, § 61-8-409, MCA, only provided that the PAST may be used in determining whether probable cause exists…”
State v. S. Hoover, 2017 MT 236, 402 P.3d 1224. “2d 108 (field sobriety tests infringe reasonable expectation of privacy and constitute a search requiring particularized suspicion of DUI); § 61-8-409(1), MCA (implied consent PBT on particularized suspicion of DUI); and Bramble v.”
City of Missoula v. Armitage, 2014 MT 274, 335 P.3d 736. “Pursuant to § 61-8-409(3), MCA, the officer “shall inform the person of the right to refuse the test” (emphasis added) and that the refusal will result in the suspension of 17 the person’s driver’s license for up to one year.”
State v. D. Zimmerman, 2018 MT 94, 417 P.3d 289.
State v. Toth, 2003 MT 208, 75 P.3d 323.
Mont. Code Ann. § 61-8-409(2): 5 cases
State v. Weldele, 2003 MT 117, 69 P.3d 1162. “First, the Strizich Court explained that § 61-8-404, MCA, provided that results from post -arrest tests were admissible as evidence in a DUI trial, but that, in direct contrast, § 61-8-409, MCA, only provided that the PAST may be used in determining whether probable cause exists…”
State v. McGowan, 2006 MT 163, 139 P.3d 841. “Section 61-8-409(2), MCA. ¶ 14 Therefore, if an officer has a particularized suspicion that a person has been operating a motor vehicle while under the influence of alcohol, the officer may administer a preliminary screening test to estimate the amount of alcohol in their system.”
State v. Strizich, 952 P.2d 1365 (Mont. 1997). “Section 61-8-409, MCA, on the other hand, provides for a preliminary alcohol screening test (previously referred to as a PBT) of a person's breath for the purpose of " estimating the person's alcohol concentration, upon the request of a peace officer who has a particularized…”
City of Missoula v. Armitage, 2014 MT 274, 335 P.3d 736. “Pursuant to § 61-8-409(3), MCA, the officer “shall inform the person of the right to refuse the test” (emphasis added) and that the refusal will result in the suspension of 17 the person’s driver’s license for up to one year.”
Nichols v. Dep't of Just., 2011 MT 33, 248 P.3d 813. “Section 61-8-409, MCA, provides that a driver is considered to have given consent to a preliminary alcohol screening test requested by a police officer in a DUI investigation.”
Mont. Code Ann. § 61-8-409(3): 6 cases
City of Missoula v. Armitage, 2014 MT 274, 335 P.3d 736. “Pursuant to § 61-8-409(3), MCA, the officer “shall inform the person of the right to refuse the test” (emphasis added) and that the refusal will result in the suspension of 17 the person’s driver’s license for up to one year.”
In re the Driver's License Suspension of McKenzie, 2001 MT 25, 19 P.3d 221.
State v. Kintli, 2004 MT 373, 103 P.3d 1056.
State v. Berger, 2017 MT 229, 402 P.3d 1200.
Smith v. State, 1998 MT 94, 958 P.2d 677. “When he refused to submit to a preliminary alcohol screening test (PAST), his Montana driver’s license was suspended pursuant to § 61-8-409, MCA (1995). The Eighteenth Judicial District Court, Gallatin County, upheld the suspension of Smith’s license.”
Mont. Code Ann. § 61-8-409(4): 4 cases
City of Missoula v. Armitage, 2014 MT 274, 335 P.3d 736. “Pursuant to § 61-8-409(3), MCA, the officer “shall inform the person of the right to refuse the test” (emphasis added) and that the refusal will result in the suspension of 17 the person’s driver’s license for up to one year.”
City of Missoula v. J. Williams, 2017 MT 282, 406 P.3d 8. “” Section 61-8-409, MCA; see 1995 Mont. Laws 2081 .”
In re the Driver's License Suspension of McKenzie, 2001 MT 25, 19 P.3d 221.
State v. Dallman, 2015 MT 219N.
Mont. Code Ann. § 61-8-409(5): 2 cases
Bramble v. State, Dept. of Just., MVD, 1999 MT 132, 982 P.2d 464. “¶ 1 On November 13,1997, Gary Bramble filed a petition in the Thirteenth Judicial District Court, Yellowstone County, to challenge the seizure and suspension of his Montana driver’s license for refusing to submit to a preliminary breath test pursuant to § 61-8-409, MCA, and…”
Reinstatement of DL: C. Blaylock, 2022 MT 47N, 505 P.3d 391.
Mont. Code Ann. § 61-8-409(6): 3 cases
City of Missoula v. Armitage, 2014 MT 274, 335 P.3d 736. “Pursuant to § 61-8-409(3), MCA, the officer “shall inform the person of the right to refuse the test” (emphasis added) and that the refusal will result in the suspension of 17 the person’s driver’s license for up to one year.”
Smith v. State, 1998 MT 94, 958 P.2d 677. “When he refused to submit to a preliminary alcohol screening test (PAST), his Montana driver’s license was suspended pursuant to § 61-8-409, MCA (1995). The Eighteenth Judicial District Court, Gallatin County, upheld the suspension of Smith’s license.”
In re the Driver's License Suspension of McKenzie, 2001 MT 25, 19 P.3d 221.
Mont. Code Ann. § 61-8-409(7): 1 case
State v. Reavely, 2007 MT 168, 164 P.3d 890.
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