MT · jury_instructions
Mont. Crim. Jury Instr. 10-102(c) (2022)
Inferences-Driving Under the Influence
The concentration of alcohol in the Defendant, as shown by analysis of a sample of his/her blood, breath, or other bodily substance drawn or taken within a reasonable time after the alleged act of driving under the influence of alcohol 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 Defendant 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 Defendant was or was not under the influence of alcohol.
(c) If there was at that time an alcohol concentration of 0.08 or more, you are permitted, but not required to infer that the Defendant was under the influence of alcohol. It is your exclusive province to determine whether the facts and circumstances shown by the evidence warrant the inference to be drawn by you.
You must weigh the evidence presented and decide whether the State has proven beyond a reasonable doubt that the Defendant was under the influence of alcohol.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-08-20
- Edition
- 2022
- Content hash
c5bd60bc451f96904edde8028ed0757ee47f2e1f90f63020aa3f00f1562a7538
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.