Kummerfeldt v. State, 2015 MT 109

Deputy Remmich observed Kummerfeldt driving rapidly, failing to stop at a stop sign, crossing the center line, and swerving; he initiated a traffic stop and observed bloodshot, glassy eyes.
Deputy Remmich read a written preliminary alcohol screening (PBT) advisory and repeatedly requested a PBT; after about 20 minutes Kummerfeldt submitted and registered a .232 BAC on the PBT.
Kummerfeldt was arrested for DUI and taken to the detention center; a breath test could not be completed due to lack of two mouthpieces, so an officer requested a blood test.
Kummerfeldt refused the blood test, citing fear of needles but offering to take the blood test if the deputy also took it; the deputy seized his license for refusal under § 61-8-402, MCA.
Kummerfeldt petitioned the district court to reinstate his license; the court found the stop reasonable, declined to estop the State based on the deputy’s statements, and concluded Kummerfeldt’s needle fear did not rise to a disability preventing the test.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether deputy had reasonable grounds to stop vehicle	Kummerfeldt: video doesn’t show failure to stop, so no particularized suspicion	State: testimony and statutory violation supported stop	Court: Reasonable grounds existed; crediting deputy’s testimony was not clearly erroneous
Whether deputy’s statement about PBT estops license suspension	Kummerfeldt: deputy’s statement promised no license loss if he gave PBT, so State should be estopped	State: statement referred only to PBT consequences and written advisory accurately informed consequences	Court: No misrepresentation; no estoppel; written advisory cured any ambiguity
Whether refusal to submit to blood test was excused by fear of needles (Wessell)	Kummerfeldt: disabling needle fear meant he was unable, not refusing	State: fear was not disabling; he testified he recently had an IV and offered to take test if deputy did	Court: Fear did not rise to disabling psychological inability; refusal stands under § 61-8-402

Muri v. State, 322 Mont. 219, 95 P.3d 149 (establishment of burden to show suspension improper)
State v. Schulke, 326 Mont. 390, 109 P.3d 744 (statutory traffic violation supplies particularized suspicion for stop)
In re Orman, 224 Mont. 332, 731 P.2d 893 (officer misrepresentation about suspension length can estop State)
Wessell v. State, 277 Mont. 234, 921 P.2d 264 (disabling fear of needles can constitute inability to submit to test)
State v. Betterman, 378 Mont. 182, 342 P.3d 971 (appellate court may affirm for right result despite erroneous factual finding)