Darby sets penalty for refusing DUI breath test

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By The Associated Press

Story Published: Mar 16, 2010 at 6:55 AM MST

Story Updated: Mar 16, 2010 at 6:55 AM MST

HAMILTON - The town of Darby has adopted an ordinance calling for a $500 penalty for people refusing to submit to alcohol or drug testing after a traffic stop.

The measure was enacted in response to the increasing number of drunken drivers, especially repeat offenders, who refuse to submit to on-the-scene breath tests so prosecutors have less evidence with which to obtain a conviction.

Missoula is considering a similar ordinance.

The Montana House of Representatives Law and Justice Interim Committee this year looked at a bill similar to the measure Darby adopted. A draft of the bill failed to make it out of the committee.

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