State v. Shepp
Annotate this CaseDefendant was charged with driving under the influence (DUI) in violation of Mont. Code Ann. 61-8-401. Defendant filed a motion to suppress the results of a blood test taken at Marcus Daly Memorial Hospital, conceding that he verbally consented to the blood test but arguing that he withdrew his consent by not signing a patient consent form at the hospital. The Supreme Court affirmed the district court’s order denying Defendant’s motion to suppress the results of his blood test, holding that the district court did not err by rejecting Defendant’s argument and in finding that the patient consent form has no bearing on consent under Montana’s DUI law.
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