Libby City Council to consider DUI breath-test refusal fine

Libby City Attorney James Reintsma has drafted a proposed ordinance that would make it punishable by fine within city limits to refuse a breathalyzer test when suspected of driving under the influence.

The proposed ordinance, which is expected to come before the full City Council in January, will assess a fine of $500 to those drivers who refuse testing. A Montana Implied Consent Law mandates a test will be given when suspected of driving under the influence. Currently, the penalty for refusing is losing a license for six months, but for many, the penalty is ineffective.

“Many of the arrested are repeat offenders whose licenses are already suspended,” Reintsma said. “For them, the only penalty would be the fine that is proposed.  A driver’s license is not a right, It’s a privilege for which we all agree to give a breath sample if asked for one by law enforcement.”

The proposed ordinance also would make it illegal to refuse a blood test that could be used to determine drug use.

Despite rumors to the contrary, Reintsma said the proposed ordinance would only affect those people who operate a motor vehicle who are suspected of being under the influence.

“This proposed ordinance has no bearing on pedestrians, curfews or any other goofy rumor that is floating around out there,” Reintsma said.

Libby Police Chief Jim Smith said the new ordinance would be a deterrent.

“If someone already has a DUI and then is caught with another DUI, they had nothing to lose by refusing,” Smith said. “This will allow a fine of that person. That’s all.”