State v. Luchau12/29/1999
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John W. Larson, Judge presiding.
Submitted on Briefs: October 14, 1999
Appellant Ryan Luchau (Luchau) was charged with violation of § 61-8-410, MCA, for operating a motor vehicle while having an alcohol concentration of .02 or more. Analysis of his breath indicated a concentration of .088. Luchau was 20 years old at the time.
Luchau was found guilty in Missoula County Justice of the Peace Court and subsequently appealed to the District Court, where he contended that § 61-8-410, MCA, was unconstitutional. The District Court rejected his constitutional arguments and he entered a conditional plea of guilty reserving the right to appeal. We affirm the judgment of the District Court.
Luchau raises the following issues on appeal.
1. Whether § 61-8-410, MCA, which makes it unlawful for a person under the age of 21 to drive with an alcohol concentration of 0.02 or more, contains a presumption that violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
2. Whether § 61-8-410, MCA, violates Equal Protection of the laws by imposing strict liability on persons under 21 years of age for driving with an alcohol concentration of 0.02 or more.
3. Does § 61-8-410, MCA, establish a causal connection between prohibited conduct and a harmful result as required by § 45-2-201, MCA?
4. Whether § 61-8-404(1)(a), MCA, which provides that an analysis of a person's blood or breath is admissible as "evidence of any measured amount . . . of alcohol," impermissibly infringes on the authority of courts to determine questions of the admissibility of evidence.
Standard of Review
The District Court's order denying Luchau's motion to dismiss presents questions of law which are subject to de novo review. See, e.g., State v. Koehn, 1998 MT 234, 9, 291 Mont. 87, 9, 966 P.2d 143, 9.
Discussion
1. Whether § 61-8-410, MCA, which makes it unlawful for a person under the age of 21 to drive with an alcohol concentration of 0.02 or more, contains a presumption that violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
Section 61-8-410, MCA (1997), provides in pertinent part:
It is unlawful for a person under the age of 21 who has an alcohol concentration of 0.02 or more to drive or be in actual physical control of a vehicle upon the ways of this state open to the public.
Luchau argues that § 61-8-410, MCA, creates a conclusive presumption of guilt if a person registers an alcohol concentration of 0.02 on the breathalizer. He contrasts § 61-8-410, MCA, with § 61-8-401, MCA, and concludes that § 61-8-401, MCA, unlike § 61-8-410, MCA, which presumes guilt, allows the trier of fact to consider the results of the breathalizer along with other evidence in making a determination as to whether the accused was driving under the influence of alcohol. Luchau reasons that a defendant under § 61-8-410, MCA, should have the same right to challenge the presumption that he was "under the influence."
Luchau's argument fails to recognize the difference between the two statutes. Section 61-8-401, MCA, makes it unlawful for a person who is under the influence of alcohol to drive upon the ways of the state. "Under the influence" means that, as a result of taking alcohol or drugs into the body, "a person's ability to safely operate a motor vehicle has been diminished." Section 61-8-401(3), MCA. Thus, under this statute, the State must prove,
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