In Re the Suspension of Driver's License of Blake

712 P.2d 1338 (1986)

In the Matter of the SUSPENSION OF the DRIVER'S LICENSE OF Wayne BLAKE.

No. 85-79.

Supreme Court of Montana.

Submitted on Briefs October 3, 1985.

Decided January 23, 1986.

Rehearing Denied February 13, 1986.

Mike Greely, Atty. Gen., Kimberly Kradolfer, Asst. Atty. Gen., Helena W.G. Gilbert, III, Co. Atty., Dillon, for appellant.

Max A. Hansen, Dillon, for respondent.

Vincent J. Kozakiewicz, Dillon, for amicus curiae.

HARRISON, Justice.

Petitioner, Wayne Lester Blake's driver's license was suspended for 90 days pursuant to § 61-8-402(5), MCA, for refusal to take a breathalyzer test.…