Ellenburg v. Montana Department of Justice

Michael Ellenburg appeals the decision of the Fourth Judicial District Court, Missoula County, upholding the revocation of his Montana driver’s license pursuant to § 61-8-402, MCA. We affirm.

The sole issue presented on appeal is whether the District Court erred in finding that Ellenburg refused to take a breathalizer test following his arrest for driving under the influence of alcohol.

On December 30, 1995, Ellenburg was stopped by Missoula City Police Officer Mark Muir for driving under the influence. Following his arrest, Ellenburgwas transported to the Missoula City Police Station for…