Montana Code 23-2-535. Alcohol concentration standards — evidence admissible — administration of tests
23-2-535. Alcohol concentration standards — evidence admissible — administration of tests. (1) The inferences contained in 61-8-1002 apply to any criminal action or proceeding arising out of acts alleged to have been committed in violation of 23-2-523(2).
Terms Used In Montana Code 23-2-535
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, partnership, firm, corporation, association, or other entity. See Montana Code 23-2-502
(2)Evidence of any measured amount or detected presence of alcohol or drugs in a person at the time of the act alleged, as shown by analysis of the person’s blood, breath, oral fluid, or urine, and any other competent evidence bearing on the question of whether the person was under the influence of alcohol, drugs, or a combination of the two at the time of the act alleged is admissible in any criminal action or proceeding arising out of acts alleged to have been committed in violation of 23-2-523(2).
(3)If a person charged with violation of 23-2-523(2) refuses to submit to a test of the person’s blood, breath, or urine for the purpose of determining any measured amount or detected presence of alcohol, none will be given, but proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed in violation of 23-2-523(2).
(4)The provisions relating to administration of tests provided in 61-8-1019 and the definition of alcohol concentration provided in 61-8-1001 apply to any testing done to a person charged with violation of 23-2-523(2).
(5)As used in 23-2-523(2), the term “under the influence” has the meaning provided in 61-8-1001.