Bill > HB467

This bill revises Montana's driving under the influence (DUI) laws to include oral fluid as an additional method for testing alcohol and drug levels in a driver's system. The legislation amends several existing statutes to explicitly recognize oral fluid testing alongside traditional blood and breath tests for determining a driver's alcohol concentration or drug presence. Specifically, the bill updates definitions and procedures for commercial and non-commercial vehicle operators, allowing peace officers to request oral fluid tests during DUI investigations. The changes apply to various scenarios, including testing for alcohol concentration levels (0.08 for non-commercial vehicles, 0.04 for commercial vehicles, and 0.02 for drivers under 21), as well as testing for tetrahydrocannabinol (THC) levels. The bill provides legal framework for when and how oral fluid tests can be administered, including during traffic stops, after accidents, or when an officer has reasonable suspicion of impaired driving. It also outlines the consequences of refusing such tests, which can include license suspension, and ensures that oral fluid testing follows the same legal standards and procedures as existing blood and breath testing methods.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC2433