61-8-806. Blood, breath, or urine tests of commercial vehicle operators -- procedure -- suspension. (1) A person who operates a commercial motor vehicle upon the ways of this state open to the public is considered to have given consent, subject to the provisions of 61-8-401 and 61-8-805, to a test of the operator's blood, breath, or urine for the purpose of determining any measured or detected amount of alcohol in the operator's body if the operator is requested to submit to the test by a peace officer having reasonable grounds to believe the person to have been driving or in actual physical control of a commercial motor vehicle upon the ways of this state open to the public while having any measurable or detectable alcohol concentration. The peace officer may designate a blood, breath, or urine test to be administered.
     (2) A person who is unconscious or who is otherwise incapable of refusal is considered not to have withdrawn the consent provided in subsection (1).
     (3) If a commercial motor vehicle operator who is a resident of Montana refuses upon the request of a peace officer to submit to a test designated by the officer as provided in subsection (1), the test may not be given. On behalf of the department, the officer shall immediately seize the person's commercial driver's license and forward the license to the department, along with a sworn report that the officer had reasonable grounds to believe that the person had been driving or was in actual physical control of a commercial motor vehicle upon ways of this state open to the public while having any measurable or detectable alcohol concentration and that the person had refused to submit to the test upon the request of the officer. Upon receipt of the report, the department shall suspend the license for a period provided in subsection (5).
     (4) Upon seizure of a resident's commercial driver's license, the peace officer shall issue, on behalf of the department, a temporary noncommercial driving permit. The temporary driving permit is valid for 72 hours after issuance.
     (5) If a commercial motor vehicle operator refuses to submit to a test as provided in subsection (3), the department shall suspend the operator's commercial driver's license:
     (a) upon first refusal, for 1 year, with no provision for a restricted probationary license or endorsement, except that if the offense occurred in a commercial motor vehicle transporting hazardous materials, the suspension for a first refusal must be for 3 years;
     (b) upon a second or subsequent refusal at any time as determined from the records of the department, for life, with no provision for a restricted probationary license or endorsement unless allowed by federal rules governing commercial drivers.
     (6) A nonresident commercial motor vehicle operator who refuses to submit to a test as provided in subsection (3) is subject to suspension by the department as provided in subsection (5) and must be given a temporary driving permit as provided in subsection (4).

     History: En. Sec. 6, Ch. 378, L. 1989; amd. Sec. 4, Ch. 563, L. 1991; amd. Sec. 10, Ch. 789, L. 1991; amd. Sec. 31, Ch. 195, L. 1993; amd. Sec. 8, Ch. 53, L. 1995.