City of Missoula v. Armitage
Annotate this CaseDefendant entered a conditional guilty plea to the charge of operating a vehicle with a blood alcohol concentration of 0.08 or more. Defendant appealed, arguing that the municipal court erred in denying her motion to suppress evidence obtained as a result of an investigative stop. Specifically, Defendant claimed that the ordinances of the City of Missoula that impose a $500 fine for refusing to give a breath sample were invalid and that the arresting officer unlawfully administered a breath test despite her initial refusal. The district court affirmed the decision of the municipal court. The Supreme Court affirmed, holding (1) Missoula has authority to enact ordinances creating a misdemeanor penalty for the refusal to submit to a requested breath test; (2) the arresting officer did not violate statutory procedures by administering a post-arrest breath test with Defendant’s consent; and (3) the Missoula ordinances criminalizing the refusal to submit to a breath test do not unconstitutionally impair Defendant’s freedom of speech.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.