State v. AllportAnnotate this Case
After a jury trial, Defendant was convicted of driving under the influence (DUI), a fifth-offense felony. Defendant was sentenced to a thirteen-month commitment at the Montana Department of Corrections (DOC) followed by a five-year suspended commitment at the DOC. Defendant appealed, arguing that his blood sample was not taken in compliance with Mont. Code Ann. 61-8-405(1). The Supreme Court affirmed, holding that the district court correctly ruled that the results of Defendant’s blood-alcohol test were admissible at trial because Defendant’s blood sample was taken in compliance with section 61-8-405(1).