§ 22-151. Refusal to submit to alcohol/drug breath and/or blood test.

(a)

Any person operating or in actual physical control of a motor vehicle while under the influence of alcohol and/or drugs creates a significant risk to public safety, health and general welfare. To help secure public safety, health and general welfare for all persons, the city adopts the ordinance from which this section derives in an effort to deter persons from engaging in this dangerous activity. This section is adopted pursuant to MCA 61-12-101 which grants authority and powers to local authorities to regulate the operation of motor vehicles by a person while under the influence of alcohol and/or drugs.

(b)

It is unlawful to refuse to submit to a breath or blood test for alcohol and/or drugs, and a warrant may be obtained to collect a sample of the person's blood for testing, pursuant to MCA 61-8-402 and 46-5-224 when the person has either refused to submit to a breath, blood or urine sample in the past, or when the person has a previous DUI conviction. It is unlawful and it constitutes a misdemeanor offense for any person operating or in actual physical control of a motor vehicle suspected of doing so under the influence of alcohol and/or drugs to refuse to submit to one or more tests to detect alcohol and/or drugs requested and designated by any peace officer as defined by Montana State Law. A person may only be charged under this section if a warrant has been obtained for the collection of a blood sample pursuant to MCA 61-8-402 and 46-5-224, and a blood sample has been collected, or was attempted to be collected. Prior to charging a person with a violation of this section, a peace officer must inform the person requested to take the designated breath and/or blood test that refusing the test when the person has refused prior testing, or has a prior DUI conviction, is a misdemeanor offense under Miles City Municipal Code and identify the penalties associated with the offense. If any arrested person refuses to submit to one or more tests requested and designated by a peace officer as provided for pursuant to Montana State Law, the refused test may not be given, unless a warrant has been obtained for the collection of blood. In the event a blood sample is obtained through a warrant, following a person's refusal to submit to the requested tests as set forth in this section, the person may be charged with a misdemeanor offense pursuant to this section.

(c)

The penalties for violations of section 22-151 are established as follows. Incarceration is not a penalty for a violation of this section. A person convicted under section 22-151 shall be subject to fines of:

(1)

For a first offense, the fine is $300.00; no portion may be suspended, waived or deferred by the court; and

(2)

For a second or subsequent offense, the fine is $500.00; no portion may be suspended, waived or deferred by the court.

(d)

If any section, subsection, sentence, clause, phrase or word of this section is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The council hereby declares that it would have passed the ordinance from which this section derives and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this section should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect.

(Ord. No. 1274 , § 1, 10-14-14; Ord. No. 1296 , § 1, 7-14-15)