MT · jury_instructions
Mont. Crim. Jury Instr. 10-109 (2022)
Aggravated Driving Under the Influence of Alcohol
A person commits the offense of aggravated driving under the influence of alcohol if, while under the influence of alcohol, (he) (she) (drives) (is in actual physical control) of a vehicle upon the ways of this state open to the public and
[the Defendant's alcohol concentration, as shown by analysis of (his) (her) blood, breath, or other bodily substance was 0.16 or more.]
OR
[the Defendant was under the order of a court or the Department of Justice to equip any motor vehicle the person operates with an approved ignition interlock device.]
OR
[the Defendant's driver's license or privilege to drive had been suspended, canceled, or revoked as a result of a prior violation of MCA � 61-8-1002(1)(a), (1)(b), (1)(c), or (1)(d), an offense that meets the definition of aggravated driving under the influence, or a similar offense under previous laws of this state or the laws of another state.]
OR
[the Defendant refused to give a breath sample as required in MCA � 61-8-1016 and the Defendant's driver's license or privilege to drive was suspended, canceled, or revoked under the provisions of an implied consent statute.]
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-08-20
- Edition
- 2022
- Content hash
d055f29a6ea3bd9b1e8a7edbf507d95f41f22451f312d9cc4d255cadaff987c7
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