565 P.3d 1259
Mont.2025Background
- Kyler Austin Clinkenbeard was stopped for speeding and arrested for DUI after failing field sobriety tests, admitting to drinking, and blowing a .130 BAC.
- Clinkenbeard refused a blood test after his arrest; the trooper obtained a search warrant and collected a blood sample, which tested at .101 BAC.
- Clinkenbeard was charged with first-offense DUI and speeding; he moved to suppress the blood evidence and dismiss the charges, arguing the search violated the implied consent statute.
- Both the Justice Court and District Court denied his motion; Clinkenbeard pled guilty, reserving his right to appeal the suppression issue.
- The Montana Supreme Court reviewed whether the denied motion to suppress was correct.
Issues
| Issue | Clinkenbeard’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether the implied consent statute prohibits police from obtaining a warrant for a blood draw in a first-time DUI refusal case | The statute bars obtaining a test by warrant if it is a first refusal and first offense; the “may not be given” language is categorical | The statute's limitation applies only to warrantless tests under implied consent; a search warrant based on probable cause for DUI is a separate mechanism and allowed | Court held the State may obtain a warrant on probable cause regardless of prior refusals or convictions |
Key Cases Cited
- State v. Madsen, 372 Mont. 102 (Mont. 2013) (standard of review for motions to dismiss in criminal cases)
- State v. Hixon, 346 Mont. 427 (Mont. 2008) (standard for review of suppression decisions)
- State v. Michaud, 342 Mont. 244 (Mont. 2008) (implied consent statute and implied waiver of privacy)
- In re Suspension of the Driver’s License of Blake, 220 Mont. 27 (Mont. 1986) (civil vs. criminal proceedings in DUI law)
- State v. Giacomini, 374 Mont. 412 (Mont. 2014) (2011 amendments permit search warrants for repeat DUI/blood tests)
- State v. Minett, 376 Mont. 260 (Mont. 2014) (warrants for DUI blood tests permitted apart from implied consent)
- Collins v. Dep’t of Justice, Div. of Highway Patrol, 232 Mont. 73 (Mont. 1988) (blood tests permissible in non-DUI cases)
- State v. Thompson, 207 Mont. 433 (Mont. 1984) (blood test prohibition applied only to DUI, not other crimes)