MacKey v. Montrym

443 U.S. 1, 99 S. Ct. 2612, 61 L. Ed. 2d 321, 1979 U.S. LEXIS 8
CourtSupreme Court of the United States
DecidedJune 25, 1979
Docket77-69
StatusPublished
Cited by738 cases

This text of 443 U.S. 1 (MacKey v. Montrym) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MacKey v. Montrym, 443 U.S. 1, 99 S. Ct. 2612, 61 L. Ed. 2d 321, 1979 U.S. LEXIS 8 (1979).

Opinions

Mr. Chief Justice Burger

delivered the opinion of the Court.

The question presented by this appeal is whether a Massachusetts statute that mandates suspension of a driver’s license because of his refusal to take a breath-analysis test upon arrest for driving while under the influence of intoxicating liquor is void on its face as violative of the Due Process Clause of the Fourteenth Amendment.

Commonly known as the implied consent law, the Massachusetts statute provides:

“Whoever operates a motor vehicle upon any [public] way . . . shall be deemed to have consented to submit to a chemical test or analysis of his breath in the event that he is arrested for operating a motor vehicle while under the influence of intoxicating liquor. ... If the person arrested refuses to submit to such test or analysis, after [4]*4having been informed that his license ... to operate motor vehicles ... in the commonwealth shall be suspended for a period of ninety days for such refusal, no such test or analysis shall be made, but the police officer before whom such refusal was made shall immediately prepare a written report of such refusal[, which] . . . shall be endorsed by a third person who shall have witnessed such refusal[,] . . . shall be sworn to under the penalties of perjury by the police officer before whom such refusal was madejj,] . . . shall set forth the grounds for the officer's belief that the person arrested had been driving a motor vehicle . . . while under the influence of intoxicating liquor, and shall state that such person had refused to submit to such chemical test or analysis when requested by such police officer to do so. Each such report shall be endorsed by the police chief . . . and shall be sent forthwith to the registrar. Upon receipt of such report, the registrar shall suspend any license or permit to operate motor vehicles issued to such person . . . for a period of ninety days.” Mass. Gen. Laws Ann., ch. 90, § 24 (1) (f) (WestSupp. 1979).

I

While driving a vehicle in Acton, Mass., appellee Donald Montrym was involved in a collision about 8:15 p. m. on May 15, 1976. Upon arrival at the scene of the accident an Acton police officer observed, as he wrote in his official report, that Montrym was “glassy eyed,” unsteady on his feet, slurring his speech, and emitting a strong alcoholic odor from his person. The officer arrested Montrym at 8:30 p. m. for operating his vehicle while under the influence of intoxicating liquor, driving to endanger, and failing to produce his motor vehicle registration upon request. Montrym was then taken to the Acton police station.

[5]*5There, Montrym was asked to take a breath-analysis examination at 8:45 p. m. He refused to do so.1 Twenty minutes after refusing to take the test and shortly after consulting his lawyer, Montrym apparently sought to retract his prior refusal by asking the police to administer a breath-analysis test. The police declined to comply with Montrym’s belated request. The statute leaves an officer no discretion once a breath-analysis test has been refused: “If the person arrested refuses to submit to such test or analysis, . . . the police officer before whom such refusal was made shall immediately prepare a written report of such refusal.” §24(l)(f) (emphasis added). The arresting officer completed a report of the events, including the refusal to take the test.

As mandated by the statute, the officer’s report recited (a) the fact of Montrym’s arrest for driving while under the influence of intoxicating liquor, (b) the grounds supporting that arrest, and (c) the fact of his refusal to take the breath-analysis examination. As required by the statute, the officer’s report was sworn to under penalties of perjury, and endorsed by the arresting officer and another officer present when Mon-trym refused to take the test; it was counter endorsed by the chief of police. The report was then sent to the Massachusetts Registrar of Motor Vehicles pursuant to the statute.

On June 2, 1976, a state court dismissed the complaint brought against Montrym for driving while under the influence of intoxicating liquor.2 Dismissal apparently was predicated on the refusal of the police to administer a breath-analysis test at Montrym’s request after he sought to retract his initial [6]*6refusal to take the test. The dismissal order of the state court cryptically recites:

“Dismissed. Breathalyzer refused when requested within % hr of arrest at station. See affidavit & memorandum.”

According to Montrym’s affidavit incorporated by reference in the state court’s dismissal order, he was visited by an attorney at 9:05 o’clock on the night of his arrest; and, after consulting with counsel, he requested a breath-analysis test. The police, however, refused the requests made by Montrym and his counsel between 9:07 and 10:07 p. m.

Montrym’s attorney immediately advised the Registrar by letter of the dismissal of this charge and asked that the Registrar stay any suspension of Montrym’s driver’s license. Enclosed with the letter was a copy of Montrym’s affidavit attesting to the officer’s refusal to administer a breath-analysis test at his request. However, Montrym’s attorney did not enclose a certified copy of the state court’s order dismissing the charge.

The Registrar, who has no discretionary authority to stay a suspension mandated by the statute,3 formally suspended Montrym’s license for 90 days on June 7, 1976. The suspension notice stated that it was effective upon its issuance and directed Montrym to return his license at once. It advised Montrym of his right to appeal the suspension.4

[7]*7When. Montrym received the suspension notice, his attorney requested an appeal on the question of whether Montrym had in fact refused a breath-analysis test within the meaning of the statute. Montrym surrendered his license by mail on June 8; 1976.

Under the Massachusetts statute, Montrym could have obtained an immediate hearing before the Registrar at any time after he had surrendered his license; that hearing would have resolved all questions as to whether grounds existed for the suspension.5 For reasons not explained, but presumably [8]*8on advice of counsel, Montrym failed to exercise his right to a hearing before the Registrar; instead, he took an appeal to the Board of Appeal. On June 24, 1976, the Board of Appeal advised Montrym by letter that a hearing of his appeal would be held on July 6, 1976.

Four days later, Montrym’s counsel made demand upon the Registrar by letter for the return of his driver’s license. The letter reiterated Montrym’s acquittal of the driving-under-the-influence charge, asserted that the state court’s finding that the officer had refused to administer a breath-analysis test was binding on the Registrar, and declared that suspension of Montrym’s license without first holding a hearing violated his right to due process. The letter did not contain a copy of the state court’s dismissal order, but did threaten the Registrar with suit if the license were not returned immediately. Had Montrym’s counsel enclosed a copy of the order dismissing the drunken-driving charge, the entire matter might well have been disposed of at that stage without more.

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Cite This Page — Counsel Stack

Bluebook (online)
443 U.S. 1, 99 S. Ct. 2612, 61 L. Ed. 2d 321, 1979 U.S. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackey-v-montrym-scotus-1979.