Johnson v. Division of Motor Vehicles

The State appeals a Ravalli County District Court order requiring the State to restore a driver’s license seized under Montana’s Implied Consent Law when the driver failed to submit to a breathalyzer test requested by a police officer. The issue on appeal is whether respondent James Johnson “cured” his failure to submit to the breathalyzer test by initiating a blood alcohol test a short time later. We hold that the later test did not cure respondent’s prior failure to submit and, accordingly, we reverse.

The only evidence in the District Court file is the result of the blood alcohol test…