(A) Purpose and intent. Any person operating or in actual physical control of a motor vehicle while under the influence of alcohol and/or drugs creates a significant risk to the public safety, health, and general welfare of the residents of the city. To help secure public safety, health, and general welfare for all persons, the city adopts this section in an effort to deter persons from engaging in this dangerous activity. This section is adopted pursuant to MCA §§ 7-14-4102 and 7-14-4103, as well as pursuant to the exercise of the city’s self-government powers granted by the city’s charter.
(B) Unlawful to refuse to submit to breath test. If an officer has reasonable grounds to believe a person has been driving or has been in actual physical control of a motor vehicle upon the ways of the state open to the public while under the influence of alcohol, drugs, or a combination of the two, then it is unlawful and constitutes a misdemeanor offense for that person to refuse to submit to one or more breath tests to detect alcohol and/or drugs requested and designated by any peace officer, as defined by state law.
(1) Prior to charging a person with a violation of this section, a peace officer must inform the person requested to take the designated test that refusing the breath test is a misdemeanor offense under this code of ordinances and must identify the penalties associated with the offense.
(2) If any detained person refuses to submit to one or more breath tests requested and designated by a peace officer, as provided by state law, the refused test may not be given. However, the person refusing to submit to any such requested breath test may be charged with a misdemeanor offense pursuant to this section.
(Ord. 488, passed 9-7-2021) Penalty, see § 71.99