Kummerfeldt v. State
Annotate this CaseAfter initiating a traffic stop of the vehicle Appellant was driving, the deputy administered a preliminary breath test to Appellant, which reported an elevated blood alcohol concentration. Appellant was arrested for driving under the influence of alcohol (DUI). Because Appellant refused to take a breath test, his driver’s license was seized. Appellant subsequently filed a petition to have his license reinstated. The trial court concluded that Appellant was properly arrested for DUI and denied his petition for reinstatement of his driver’s license. The Supreme Court affirmed, holding (1) the district court properly found that the deputy had reasonable grounds to stop Appellant’s vehicle; (2) the district court did not err in concluding that the State was not estopped from suspending Appellant’s license because of a statement made by the arresting officer regarding the consequences of Appellant providing a breath sample; and (3) Appellant’s refusal to submit to the blood test constituted a refusal within the meaning of Mont. Code Ann. 61-8-402 because Appellant failed to establish that he suffered from a psychological fear of needles rendering him physically unable to perform the test.
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