Montana Code 61-8-1002. Driving under influence
61-8-1002. Driving under influence. (1) A person commits the offense of driving under the influence if the person drives or is in actual physical control of:
Terms Used In Montana Code 61-8-1002
- Alcohol concentration: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath, including as used in 16-6-305, 23-2-535, 45-5-207, 67-1-211, and this title. See Montana Code 61-8-1001
- Commercial motor vehicle: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
- Commission: means the state transportation commission. See Montana Code 61-1-101
- Drug: means any substance that when taken into the human body can impair a person's ability to operate a vehicle safely. See Montana Code 61-8-1001
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Motor vehicle: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
- noncommercial vehicle: means any motor vehicle or combination of motor vehicles that is not included in the definition of commercial motor vehicle in 61-1-101 and includes but is not limited to the vehicles listed in 61-1-101(10)(b). See Montana Code 61-8-102
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Under the influence: means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person's ability to safely operate a vehicle has been diminished. See Montana Code 61-8-1001
- Vehicle: has the meaning provided in 61-1-101, except that the term does not include a bicycle. See Montana Code 61-8-1001
- ways of this state open to the public: means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common use by the public. See Montana Code 61-8-101
(a)a vehicle or a commercial motor vehicle upon the ways of this state open to the public while under the influence of alcohol, any drug, or a combination of alcohol and any drug;
(b)a noncommercial vehicle upon the ways of this state open to the public while the person’s alcohol concentration, as shown by analysis of the person’s blood, breath, or other bodily substance, is 0.08 or more;
(c)a commercial motor vehicle within this state while the person’s alcohol concentration, as shown by analysis of the person’s blood, breath, or other bodily substance, is 0.04 or more;
(d)a noncommercial vehicle or commercial motor vehicle within this state while the person’s tetrahydrocannabinol level, excluding inactive metabolites, as shown by analysis of the person’s blood or other bodily substance, is 5 ng/ml or more; or
(e)a vehicle within this state when the person is under 21 years of age at the time of the offense while the person’s alcohol concentration, as shown by analysis of the person’s blood, breath, or other bodily substance, is 0.02 or more.
(2)Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person at the time of a test, as shown by analysis of a sample of the person’s blood, breath, or other bodily substance drawn or taken within a reasonable time after the alleged act, gives rise to the following inferences:
(a)if there was at that time an alcohol concentration of 0.04 or less, it may be inferred that the person was not under the influence of alcohol;
(b)if there was at that time an alcohol concentration in excess of 0.04 but less than 0.08, that fact may not give rise to any inference that the person was or was not under the influence of alcohol, but the fact may be considered with other competent evidence in determining the guilt or innocence of the person; and
(c)if there was at that time an alcohol concentration of 0.08 or more, it may be inferred that the person was under the influence of alcohol. The inference is rebuttable.
(3)The provisions of subsection (2) do not limit the introduction of any other competent evidence bearing on the issue of whether the person was under the influence of alcohol, drugs, or a combination of alcohol and drugs.
(4)Each municipality in this state is given authority to enact this section, with the word “state” changed to read “municipality”, as an ordinance and is given jurisdiction of the enforcement of the ordinance and the imposition of the fines and penalties provided in the ordinance.
(5)Absolute liability, as provided in 45-2-104, is imposed for a violation of this section.
(6)When the same acts may establish the commission of an offense under subsection (1), a person charged with the conduct may be prosecuted for a violation of another relevant subsection under subsection (1). However, the person may be convicted of only one offense under this section or of a similar offense under previous laws of this state.