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MT · jury_instructions

Mont. Crim. Jury Instr. 10-102(a) (2022)

Issues In Driving Under the Influence of Alcohol and/or Drugs

activein force · 2022-01-01 – presentcompiled-edition

To convict the Defendant of the offense of driving while under the influence, the State must prove the following elements:

That the Defendant:

1. was [driving] [in actual physical control of] a [vehicle] [commercial motor vehicle]

2. upon the ways of this state open to the public

3. while under the influence of [alcohol] [any drug] [a combination of alcohol and any drug].

If you find from your consideration of the evidence that all of these elements have been proved beyond a reasonable doubt, then you should find the Defendant guilty.

If, on the other hand, you find from your consideration of the evidence that any of these elements has not been proved beyond a reasonable doubt then you should find the Defendant not guilty.

Provenance

Source
courts.mt.gov
Retrieved
2026-08-20
Edition
2022
Content hash
5d4173a7c3395f2e171a30ae5ee0bfa09eb0273b6e691ac73286a91eb0eafae5
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