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Ely
Ely, Counselor at Law
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In Montana are officers allowed to administer a breathalyzer

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In Montana are officers allowed to administer a breathalyzer test if there is a head injury?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. The answer is yes, I am sorry to say.

Montana law says that if one is lawfully arrested by an officer who has probable cause to believe that one is driving under the influence, then one consents to a BAC.

Nothing in Montana Code Annotated.61-8-402 et seq state that a party that has a head injury is exempt from this law.

Of course, if the party with the injury sustained worse damage due to the officer's inaction for calling backup, EMT, etc, and instead applying a breathalyzer, then the officer and the police force he is part of my be sued for negligence.

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