551 P.3d 277
Mont.2024Background
- Donald Aaron Hesser was involved in a single-vehicle motorcycle crash under clear weather and road conditions in Cascade County, Montana.
- Hesser was found unconscious at the scene and transported to a hospital, where medical personnel took a blood sample for treatment purposes.
- Law enforcement, after discovering Hesser’s identity and his three or four prior DUI convictions, requested the hospital not to discard the blood sample.
- An investigative subpoena for Hesser’s medical records and blood was obtained, executed by a Deputy County Attorney, and the sample later revealed Hesser’s BAC was .208.
- Hesser pled guilty to felony DUI but reserved the right to appeal the denial of his motion to suppress the blood sample evidence.
- The case centers on whether the subpoena and/or a statutory implied consent provision lawfully authorized obtaining Hesser's blood sample.
Issues
| Issue | Hesser's Argument | State's Argument | Held |
|---|---|---|---|
| Probable Cause for Investigative Subpoena | Affidavit lacked specific facts showing probable cause of DUI (no odor, admission, or containers) | Circumstances + prior DUIs gave probable cause | Subpoena supported by sufficient probable cause |
| Proper Authority for Subpoena | Trooper had no authority to apply for subpoena | Prosecutor actually applied for subpoena | Subpoena was validly issued by prosecutor |
| Authorization under § 61-8-402, MCA (Implied Consent Statute) | Law enforcement could not use implied consent before subpoena | Statute allowed blood draw for unconscious accident victim | Officer lawfully could obtain blood sample under implied consent law |
| Sufficiency of Prior DUIs as a Factor in Probable Cause | Prior history alone insufficient for probable cause | Prior history is one factor among several | Multiple factors, including prior DUIs, sufficed under totality test |
Key Cases Cited
- State v. Kelm, 370 Mont. 61 (Mont. 2013) (probable cause standard for search and seizure)
- State v. Giacomini, 374 Mont. 412 (Mont. 2014) (deference to magistrate’s probable cause finding)
- State v. Johnston, 271 Mont. 385 (Mont. 1995) (criminal history as one factor in probable cause analysis)
- State v. Nelson, 283 Mont. 231 (Mont. 1997) (investigative subpoenas for protected medical info must meet probable cause)
- State v. Decker, 251 Mont. 339 (Mont. 1991) (limits on evidence regarding blood alcohol content)