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Montana

Select Law

  • State Laws

  • Felony DUI
  • DUID Zero Tolerance and Per Se Laws
  • Cannabis Drug-Impaired Driving Laws
  • DUI Child Endangerment Laws
  • Enhanced Penalties for High-BAC
  • DUI Look-back Periods
  • Open Container - Alcohol
  • Good Samaritan
  • Test Refusal
  • 24/7 Programs
  • Administrative License Suspension/Revocation
  • Sobriety Checkpoints
  • Habitual Offender Designation
  • Drug Evaluation and Classification Program
  • DUI Courts - Standalone
  • DUI Courts - Hybrid
  • Open Container - Cannabis
  • Cannabis Laws (2023)
  • DUID: Implied Consent Testing Methods
  • DUID Affirmative Defense
  • Anti-Plea Bargaining Statutes
  • eWarrant Case Study Sites
  • Preliminary Breath Test (PBT) Laws
  • Lower BAC legislation
  • Low BAC
  • CARS Implementation
  • Ignition Interlocks
  • Electronic Warrants (E-warrants) Authorization
  • Top Detected Drug Category by State (2021)
  • False Identification - Sanctions
  • False Identification - Point-of-Sale Policies
  • No Refusal Programs
  • Oral Fluid Testing

1. Yes or no: Does your state have a statute that allows for the collection of oral fluid/other bodily substances/saliva for roadside testing?

Yes

1a. If yes, what is the statute language and citation?

-MCA 23-2-535
-MCA 61-8-1016
-MCA 61-8-1019
-MCA 67-1-211

1b. Are there penalties for refusing a roadside oral fluid screening test, and if so, what are the penalties?

Yes--license suspension for up to 1 year depending on prior refusal offenses.

1c. If yes, does your state require oral fluid screening devices to be approved by any entity, either by statute or policy? If yes, please include the relevant statute or policy and the agency that must approve.

Yes

2. Are any law enforcement agencies currently using testing devices and requesting voluntary roadside samples of oral fluid?

No

2a. Has your state attempted to pass any oral fluid bills that have failed, or is there currently a bill under consideration? If so, please provide details.

Yes, MT HB 467 (enacted, 2025) and MT SB 13 (enacted, 2025)

3. Yes or no: Does your state have a statute that allows for evidential/confirmation testing of oral fluid/other bodily substances/saliva?

Yes

3a. If yes, what is the statute language and citation?

-MCA 61-8-1016
-MCA 61-8-1019
-MCA 61-8-1018

3b. Are there penalties for refusing an evidential oral fluid test, and if so, what are the penalties?

Yes--license suspension for up to 1 year depending on priors

4. Please provide a narrative describing the implementation status of any roadside oral fluid testing program in your state. Please also include one of the following categories to classify your program: Statewide roadside; Jurisdictional roadside; Not implemented.

Not implemented (program development in progress)

4a. Please provide a narrative describing the status of any evidential testing program in your state. Please also include one of the following categories to classify your program: Statewide evidential; Jurisdictional evidential; Not implemented.

Not implemented

5. If you have this information available and your state has implemented a roadside oral fluid testing program, is it collecting data, yes or no? If yes, please describe the types of data being collected, such as oral fluid test results, comparisons to evidential results, drug use trends, other relevant data to aid in program evaluation and/or problem identification.

N/A

6. Who in your state can we contact for assistance with any questions you may be unsure about? Please provide their name, phone and/or email.

Sgt. Lucas Herl, MT Highway Patrol,
[email protected]
Edward Hirsch, state TSRP,
[email protected]
AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY DC GU AS PR VI MP
  • Currently administering a statewide roadside oral fluid testing program
  • Currently administering a jurisdictional roadside oral fluid testing program
  • Currently administering a statewide evidential oral fluid testing program
  • Currently administering statewide roadside and statewide evidential oral fluid testing programs
  • Currently administering jurisdictional roadside and statewide evidential oral fluid testing programs
  • No roadside or evidential testing program implemented
  • No information provided

The NASID Oral Fluid Working Group surveyed experts from every state to identify existing statutes on oral fluid testing and assess the implementation of roadside and/or evidential oral fluid testing programs. Select a state to view its specific survey responses. You can also learn more about the oral fluid terminology used in this map by viewing our glossary of definitions. Have any questions or updates? Please contact [email protected].