This bill aims to revise Montana's DUI laws by incorporating the use of oral fluid testing alongside existing blood and breath tests for determining alcohol presence in individuals operating commercial motor vehicles. Key amendments include the explicit inclusion of "oral fluid" in the definitions and procedures related to DUI testing, as seen in sections 61-8-806, 61-8-1001, 61-8-1002, and 61-8-1016. The bill clarifies that individuals operating commercial vehicles are deemed to have consented to these tests if requested by a peace officer, and it outlines the consequences of refusing such tests, including license suspension.
Additionally, the bill establishes that a person can be charged with DUI if their alcohol concentration is determined through blood, breath, or oral fluid analysis, with specific thresholds set for commercial and noncommercial vehicles. The legislation also emphasizes the importance of maintaining the integrity of the testing process and the rights of individuals, including the right to a hearing if their license is suspended due to refusal to submit to testing. Overall, the bill seeks to enhance the enforcement of DUI laws and improve public safety on Montana's roads.
Statutes affected: LC Text: 61-8-806, 61-8-1001, 61-8-1002, 61-8-1016