Judges happily lose sleep over Montana's new DUI blood-draw law
Every few weeks, Missoula County Justice of the Peace Karen Orzech finds herself answering the phone at all hours of the night.
She couldn't be happier.
The middle-of-the-night wake-up call means that law enforcement officers are dealing with another suspected drunken driver who's refusing a breath test.
Used to be, such drivers lost their licenses for six months. Sometimes, that was the worst that happened. Without proof of an alcohol level, it became easier to convince a judge or jury that the driver hadn't really been drunk.
That all changed on Oct. 1, when a new law enacted by the Legislature started wreaking havoc on Orzech's sleep.
It allows law enforcement officers confronted by such refusals to seek an on-the-spot warrant for a blood test if the driver has previous DUI convictions or refusals to blow. In such cases, an officer telephones the judge on call.
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