According to an article found here: http://www.wave3.com/story/4512031/country-singer-john-montgomery-arrested-on-dui-charge, Country Star John Montgomery has been arrested for a DUI and possession of two handguns after leaving a bar where his musical career began.
Apparently, Mr. Montgomery was stopped around 2:30 am for “disregarding” a traffic light. He allegedly smelled of alcohol, and refused a blood test.
His attorneys appeared for him in court on Thursday and entered a not guilty plea.
As far as the handguns are concerned, he allegedly had two loaded guns in the vehicle. One under the front driver seat, and another under the front passenger seat. According to Mr. Montgomery’s DUI attorney, he has permits for the weapons.
Apparently, since Mr. Montgomery refused the blood test, his drivers license has been suspended for a year. In California, upon refusal of a blood test, the police can potentially obtain a warrant and proceed with a forced blood draw if you are arrested on suspicion of a DUI, according to Sacramento DUI Lawyer Michael Rehm. According to Rehm, the decision on whether to then suspend your license would still be an issue that could be fought with the DMV, not the court.
Here, it seems that law enforcement did not attempt to obtain any warrant, instead deciding to simply notate the case as a refused blood draw.