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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