Montana Supreme Court, 1985

The court held that Johnson's repeated failure to take the breath test constituted an implied refusal, and that a blood test initiated shortly afterward did not cure or withdraw that refusal.

The Montana Supreme Court reversed the District Court's order treating Burnham's guilty plea to DUI as a withdrawal of his refusal to submit to a breath test. The Court held that the criminal DUI proceeding and the civil implied-consent suspension are separate, and that the statute required a 90-day suspension without…

The Montana Supreme Court affirmed the district court's order reducing the father’s child support, denying attorney‑fees, setting support at $175 per child, fixing the effective date, refusing a credit offset, and upholding the visitation schedule, finding substantial credible evidence and no abuse of discretion.

The Montana Supreme Court affirmed the dissolution judgment awarding the wife the family residence, $500 per month in indefinite maintenance, and the agreed property division. It held that the district court properly considered the statutory factors, the wife's limited earning capacity and long absence from the labor…

The Montana Supreme Court held that the child‑support and escalation provisions were not part of the property settlement and therefore could be modified, but the district court lacked authority to retroactively modify the support without finding a substantial change in circumstances.