Smith v. State

¶1 Dale A. Smith was stopped on suspicion of driving under the influence of alcohol (DUI) on December 14,1996. When he refused to submit to a preliminary alcohol screening test (PAST), his Montana driver’s license was suspended pursuant to § 61-8-409, MCA (1995). The Eighteenth Judicial District Court, Gallatin County, upheld the suspension of Smith’s license. Smith appeals.

¶2 The issue is whether a conflict exists among Montana’s implied consent statutes rendering them unconstitutionally vague. In his appellate brief, Smith also argues that the District Court erred in concluding that he was…