MontanaHB 46769th Legislature, Regular Session (2025)House

Revise DUI testing to include oral fluids

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 1 costs, 2 mixed.

Commercial drivers face stricter DUI tests

If you drive a commercial vehicle, you are deemed to consent to blood, breath, or oral fluid alcohol tests when an officer has reasonable grounds. The officer chooses the test and may use a quick screen first. If you refuse, the officer seizes your CDL and sends a report to the state. The state suspends your CDL for 1 year for a first refusal, or 3 years if you were hauling hazardous materials. After a second or later refusal, the suspension is for life, with at least 10 years before any possible reinstatement under federal rules. After seizure, you receive a 5‑day noncommercial driving permit. Unconscious drivers are treated as not having withdrawn consent.

Drivers face broader DUI testing rules

The law treats you as having consented to blood, breath, or oral fluid tests for alcohol when an officer has particularized suspicion. You also consent to blood or oral fluid tests for drugs. The officer chooses the test and must tell you that you can refuse and that refusal can mean license seizure and suspension. If you refuse, the officer seizes your license and issues a 5‑day temporary permit that starts 12 hours later. If you refuse and have a prior refusal or certain listed DUI or violent crimes on your record (or pending), an officer can get a judge’s warrant to take blood or oral fluid. A quick alcohol screen can only be done by a certified officer using a certified device.

Oral fluid counts for DUI proof

Blood, breath, oral fluid, or other samples can prove your alcohol level. DUI per se is 0.08 for most drivers, 0.04 for commercial drivers, and 0.02 for drivers under 21. Aggravated DUI applies at 0.16 or higher. The sample must be taken within a reasonable time after driving.

Sponsors & Cosponsors

Sponsor

Steven Kelly
Republican • House

Cosponsors

Barry Usher
Republican • Senate
Steve Fitzpatrick
Republican • House

Roll Call Votes

All Roll Calls

Yes: 199 • No: 93

House vote • 4/14/2025

Do Concur

Yes: 38 • No: 10

House vote • 4/12/2025

Do Concur

Yes: 36 • No: 10

House vote • 2/25/2025

Do Pass

Yes: 64 • No: 36

House vote • 2/24/2025