Montana v. Hislop
Annotate this CaseAnne Hislop appealed the denial of a motion to dismiss an aggravated DUI charge. In 2007, Hislop’s license was suspended because she declined to submit to the preliminary alcohol screening test after being arrested for DUI. Ultimately, she was acquitted of the criminal charge after trial. In 2013, Hislop was arrested for DUI. Hislop did not provide a breath or blood sample as required under 61-8-402, MCA. Hislop was charged with aggravated DUI based on her 2007 refusal to submit a breath or blood test. In 2011, the Montana Legislature enacted 61-8-465, MCA, the aggravated DUI statute. A person commits aggravated DUI if the person operates a vehicle under the influence of alcohol and refuses to provide a breath or blood sample as required under 61-8-402, MCA, the implied consent law, and has had his or her license suspended for a prior refusal to provide a breath or blood sample under 61-8-402, MCA, within ten years of the current offense. Hislop filed a motion to dismiss the charge on the ground it violated the prohibition on ex post facto laws. The Montana Supreme Court affirmed, finding that 61-8-465(1)(d) only took into consideration Hislop's 2007 behavior while punishing her 2013 conduct, and was not ex post facto legislation.
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