HARRISON, Justice.
This is an appeal by the State of Montana from an order of the District Court, Tenth Judicial District, Fergus County. We reverse. The facts are as follows.
On November 3, 1984, respondent Paul J. Burnham was arrested for driving under the influence of alcohol. At the time of his arrest he refused to submit to a breath test to determine the level of his intoxication. Upon receipt of a sworn report by the arresting officer indicating the...
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