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State v. Hislop

State v. Hislop, 2016 MT 130 (May 31, 2016) (Rice, J.) (5-0, aff’d)

Issue: Whether Hislop’s aggravated DUI conviction violates the prohibition on ex post facto laws.

Short Answer: No.

Affirmed

Facts: Hislop’s driver’s license was suspended in 2007 because she declined to submit to preliminary alcohol screening after being arrested for DUI. She was ultimately acquitted at trial.

In 2011, the Montana legislature enacted § 61-8-465, MCA, the aggravated DUI statute providing that a person commits the offense if she operates a vehicle under the influence of alcohol and refuses a breath or blood sample, and has had her license suspended within the previous 10 years for refusal to submit a breath or blood sample.

In 2013, Hislop was arrested for DUI and refused to provide a breath or blood sample.…