# Mont. Code Ann. § 61-8-1002: 61-8-1002 Driving under influence > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1002 ## Section - **Citation:** Mont. Code Ann. § 61-8-1002 - **Heading:** 61-8-1002 Driving under influence - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1002 ## Text 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: (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, oral fluid, 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, oral fluid, 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; (e) (i) 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, oral fluid, or other bodily substance, is 0.02 or more; or (ii) a vehicle within this state when the person is under 21 years of age at the time of the offense and the person has any amount of tetrahydrocannabinol, excluding inactive metabolites, in the person's body as shown by analysis of the person's blood or other bodily substance; or (f) a noncommercial vehicle or commercial motor vehicle on the ways of this state open to the public while, without a valid prescription, the person has an amount of any of the following prohibited substances in their body, as shown by analysis of the person's blood, that is equal to or greater than: Blood Nanograms Prohibited substance per milliliter (i) Amphetamine 20 (ii) Cocaine 20 (iii) Cocaine metabolite 20 (iv) Heroin 1 (v) Heroin metabolite: (A) Morphine 20 (B) 6-monoacetyl morphine 1 (vi) Lysergic acid diethylamide 0.1 (vii) Methamphetamine 20 (viii) Phencyclidine 5 (ix) Fentanyl 0.5 (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, oral fluid, 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 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. ## Nearby sections - [Mont. Code Ann. § 61-8-1001 61-8-1001 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1001.md) - [Mont. Code Ann. § 61-8-1002 61-8-1002 Driving under influence](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1002.md) - [Mont. Code Ann. § 61-8-1007 61-8-1007 Penalty for driving under influence -- first through third offenses](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1007.md) - [Mont. Code Ann. § 61-8-1008 61-8-1008 Penalty for driving under influence -- fourth and subsequent offenses](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1008.md) - [Mont. Code Ann. § 61-8-1009 61-8-1009 Driving under influence -- assessment, education, and treatment required](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1009.md) - [Mont. Code Ann. § 61-8-1010 61-8-1010 Driving under influence -- ignition interlock device -- 24/7 sobriety and drug monitoring program](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1010.md) - [Mont. Code Ann. § 61-8-1011 61-8-1011 Driving under influence -- conviction defined -- place of imprisonment -- home arrest -- exceptions -- deferral of sentence not allowed](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1011.md) - [Mont. Code Ann. § 61-8-1016 61-8-1016 Implied consent -- tests for alcohol or drugs -- refusal to submit -- administrative suspension of license](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1016.md) - [Mont. Code Ann. § 61-8-1017 61-8-1017 Right of appeal to court](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1017.md) - [Mont. Code Ann. § 61-8-1018 61-8-1018 Evidence admissible -- conditions of admissibility](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1018.md) - [Mont. Code Ann. § 61-8-1019 61-8-1019 Administration of tests](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1019.md) - [Mont. Code Ann. § 61-8-1024 61-8-1024 Ignition interlock device -- assisting in starting and operating -- circumventing -- penalty](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1024.md) - [Mont. Code Ann. § 61-8-1025 61-8-1025 Department rules regarding ignition interlock devices -- ignition interlock device provider requirements](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1025.md) - [Mont. Code Ann. § 61-8-1026 61-8-1026 Unlawful possession of open alcoholic beverage container in motor vehicle on highway](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1026.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1002. Check the current official text before relying on it. Not legal advice.