MT · jury_instructions
Mont. Crim. Jury Instr. 10-103(a) (2022)
Issues In Operation of Noncommercial Vehicle by Person with Alcohol Concentration of .08 or More
To convict the Defendant of the offense of operating a noncommercial vehicle with an alcohol concentration of 0.08 or more, the state must prove the following elements:
1. That the Defendant was [driving] [in actual physical control of] a noncommercial vehicle;
AND
2. The crime occurred upon the ways of this state open to the public;
AND
3. That the alcohol concentration in the driver's [blood] [breath] [other bodily substance] was 0.08 or more.
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
4e82424d828e47654950ff897c9850ab00d8352389e4d7c6e705dec7821e937a
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.