City of Great Falls v. Allderdice
2017 MT 58
| Mont. | 2017Background
- In the early morning of May 5, 2014, police found Maemie Allderdice asleep in a running car; officers observed signs of intoxication and transported her to the hospital.
- At the hospital Officer Munkres read Montana’s Implied Consent Advisory; Allderdice acknowledged understanding each section but did not verbally agree to a blood test.
- When repeatedly asked whether she would submit to a blood test, Allderdice closed her eyes and gave no response; officers directed medical staff to draw her blood.
- Two blood draws showed BACs of 0.239% and 0.288%; Allderdice moved in municipal court to suppress the blood-test results, arguing silence was not voluntary consent.
- Municipal Court denied suppression, finding no affirmative withdrawal of implied consent; Allderdice pleaded guilty to DUI per se but reserved the suppression issue on appeal. The district court affirmed; the Supreme Court of Montana affirmed on review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the blood draw was consensual under Montana’s implied-consent statute | The State: driving on public ways implies consent; Allderdice’s failure to resist or otherwise object meant she did not withdraw consent | Allderdice: silence after acknowledging the advisory and being asked to consent should be deemed a refusal; no affirmative consent in the record | Court: affirmed — under totality of circumstances silence without an affirmative act withdrawing consent did not negate implied consent; suppression denied |
Key Cases Cited
- Wessel v. State, 277 Mont. 234, 921 P.2d 264 (1996) (refusal to submit to test may be implied from uncooperative conduct)
- Johnson v. Division of Motor Vehicles, 219 Mont. 310, 711 P.2d 815 (1985) (continuous requests for counsel can constitute implied refusal)
- Hunter v. State, 264 Mont. 84, 869 P.2d 787 (1994) (deficient performance when capable of testing may show implied refusal)
- State v. Zakovi, 326 Mont. 475, 110 P.3d 469 (2005) (apply totality of circumstances to implied-consent voluntariness)
- State v. Old-Horn, 375 Mont. 310, 328 P.3d 638 (2014) (standard of review for suppression findings; factual findings upheld unless clearly erroneous)
- State v. Shepp, 385 Mont. 425, 384 P.3d 1055 (2016) (a refusal need not be express and may be implied)