Belgarde

Gilbert Belgarde appeals pro se the district court’s grant of summary judgment in favor of the State of Montana, et al., in his 28 U.S.C. § 2254 petition for writ of habeas corpus. While we hold that Belgarde’s constitutional claims are meritless, we write to emphasize that the district court properly exercised jurisdiction over Belgarde’s habeas petition.

Factual and Procedural Background

Gilbert Belgarde was involved in a single-car accident on August 12, 1992, in which his vehicle crashed into a concrete barrier and guardrail at the end of a dead-end street. As a result of the accident, Belgarde was rendered unconscious, and he did not regain consciousness until after he was admitted to the hospital. While Belgarde was unconscious, a police officer requested that a sample of Belgarde’s blood be taken by a nurse, so that it could be examined to determine whether alcohol was present. The nurse complied. Belgarde’s blood alcohol content was .24 percent.

A jury convicted Belgarde of driving under the influence of alcohol (“D.U.I.") and failure to wear a seatbelt. This conviction was Bel- *1212 garde’s second for the offense of D.U.I. Bel-garde appealed to the state district…