# Mont. Code Ann. § 61-8-1018: 61-8-1018 Evidence admissible -- conditions of admissibility > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1018 ## Section - **Citation:** Mont. Code Ann. § 61-8-1018 - **Heading:** 61-8-1018 Evidence admissible -- conditions of admissibility - **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 61-8-1018 ## Text 61-8-1018 . Evidence admissible -- conditions of admissibility. (1) Upon the trial of a criminal action or other proceeding arising out of acts alleged to have been committed by a person in violation of driving under the influence, including 61-8-1002 , an offense that meets the definition of aggravated driving under the influence in 61-8-1001 , a similar offense under previous laws of this state or the laws of another state, or 61-8-805 : (a) evidence of any measured amount or detected presence of alcohol, drugs, or a combination of alcohol and drugs in the person at the time of a test, as shown by an analysis of the person's blood, breath, or oral fluid is admissible. A positive test result does not, in itself, prove that the person was under the influence of a drug or drugs at the time the person was in control of a vehicle. A person may not be convicted of a violation of 61-8-1002 (1)(a) based on the presence of a drug or drugs in the person unless some other competent evidence exists that tends to establish that the person was under the influence of a drug or drugs while driving or in actual physical control of a motor vehicle within this state. (b) a report of the facts and results of one or more tests of a person's blood, breath, or oral fluid is admissible in evidence if: (i) a breath test, oral fluid screening test, or preliminary alcohol screening test was performed by a person certified by the forensic sciences division of the department to administer the test; or (ii) a blood sample was analyzed in a laboratory operated or certified by the department or in a laboratory exempt from certification under the rules of the department and the blood was withdrawn from the person by a person competent to do so under 61-8-1019 (1); and (c) a report of the facts and results of a physical, psychomotor, or physiological assessment of a person is admissible in evidence if it was made by a person trained by the department or by a person who has received training recognized by the department. (2) If the person under arrest refused to submit to one or more tests under 61-8-1016 , whether or not a sample was subsequently collected for any purpose, proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed while the person was driving or in actual physical control of a vehicle upon the ways of this state open to the public while under the influence of alcohol, drugs, or a combination of alcohol and drugs. The trier of fact may infer from the refusal that the person was under the influence. The inference is rebuttable. (3) The provisions of this part do not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of alcohol, drugs, or a combination of alcohol and drugs. ## 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_S61-8-1018. Check the current official text before relying on it. Not legal advice.