Mont. Code Ann. » TITLE 61. MOTOR VEHICLES · CHAPTER 8. TRAFFIC REGULATION · Part 10. Driving Under Influence of Alcohol or Drugs
Montana Code Annotated

Mont. Code Ann. § 61-8-1002 (2026)

Driving Under Influence

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 61
  3. CHAPTER 8
  4. Part 10
  5. 61-8-1002 Driving under influence

TITLE 61. MOTOR VEHICLES

CHAPTER 8. TRAFFIC REGULATION

Part 10. Driving Under Influence of Alcohol or Drugs

Driving Under Influence

61-8-1002. Driving under influence. (1) A person commits the offense of driving under the influence if the person drives or is in actual physical control of:

(a) a vehicle or a commercial motor vehicle upon the ways of this state open to the public while under the influence of alcohol, any drug, or a combination of alcohol and any drug;

(b) a noncommercial vehicle upon the ways of this state open to the public while the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.08 or more;

(c) a commercial motor vehicle within this state while the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.04 or more;

(d) a noncommercial vehicle or commercial motor vehicle within this state while the person's tetrahydrocannabinol level, excluding inactive metabolites, as shown by analysis of the person's blood or other bodily substance, is 5 ng/ml or more;

(e) (i) a vehicle within this state when the person is under 21 years of age at the time of the offense while the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.02 or more; or

(ii) a vehicle within this state when the person is under 21 years of age at the time of the offense and the person has any amount of tetrahydrocannabinol, excluding inactive metabolites, in the person's body as shown by analysis of the person's blood or other bodily substance; or

(f) a noncommercial vehicle or commercial motor vehicle on the ways of this state open to the public while, without a valid prescription, the person has an amount of any of the following prohibited substances in their body, as shown by analysis of the person's blood, that is equal to or greater than:

Blood
Nanograms
Prohibited substance per milliliter
(i) Amphetamine 20
(ii) Cocaine 20
(iii) Cocaine metabolite 20
(iv) Heroin 1
(v) Heroin metabolite:  
(A) Morphine 20
(B) 6-monoacetyl morphine 1
(vi) Lysergic acid diethylamide 0.1
(vii) Methamphetamine 20
(viii) Phencyclidine 5
(ix) Fentanyl 0.5

(2) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person at the time of a test, as shown by analysis of a sample of the person's blood, breath, oral fluid, or other bodily substance drawn or taken within a reasonable time after the alleged act, 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 person 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 person was or was not under the influence of alcohol, but the fact may be considered with other competent evidence in determining the guilt or innocence of the person; and

(c) if there was at that time an alcohol concentration of 0.08 or more, it may be inferred that the person was under the influence of alcohol. The inference is rebuttable.

(3) The provisions of subsection (2) do not limit the introduction of any other competent evidence bearing on the issue of whether the person was under the influence of alcohol, drugs, or a combination of alcohol and drugs.

(4) Each municipality in this state is given authority to enact this section, with the word "state" changed to read "municipality", as an ordinance and is given jurisdiction of the enforcement of the ordinance and the imposition of the fines and penalties provided in the ordinance.

(5) Absolute liability, as provided in 45-2-104, is imposed for a violation of this section.

(6) When the same acts may establish the commission of an offense under subsection (1), a person charged with the conduct may be prosecuted for a violation of another relevant subsection under subsection (1). However, the person may be convicted of only one offense under this section or of a similar offense under previous laws of this state.

History: En. Sec. 2, Ch. 498, L. 2021; amd. Sec. 2, Ch. 723, L. 2023; amd. Sec. 7, Ch. 264, L. 2025; amd. Sec. 3, Ch. 298, L. 2025; amd. Sec. 1, Ch. 412, L. 2025.

Notes of Decisions
Cited in 19 cases (19 in the last 5 years), 2022–2026 · leading case: State v. J. James, 2024 MT 109 (Mont. 2024).
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State v. J. James, 2024 MT 109 (Mont. 2024). · cites it 6× “¶1 Johnathan James appeals a jury conviction of felony Driving Under the Influence (DUI), § 61-8-401(1)(a), MCA (recodified at § 61-8-1002(1)(a), MCA), and Driving While Suspended, § 61-5-212(1)(a)(i), MCA, from the Nineteenth Judicial District Court, Lincoln County.”
State v. Ament, 2025 MT 97 (Mont. 2025). · cites it 3× “Section 61-8-1002(1)(a), MCA; State v. Rowe, 2024 MT 37 , ¶ 26, 415 Mont.”
State v. D. Boucher, 2025 MT 14N (Mont. 2025). · cites it 2× “¶3 On August 19, 2022, Boucher was charged with driving or being in actual physical control of a motor vehicle while under the influence of alcohol, fourth or subsequent offense, in violation of § 61-8-1002(1)(a), MCA. In its supporting affidavit, the State asserted that upon a…”
State v. Trombley, 2026 MT 77 (Mont. 2026). · cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND ¶2 Trombley was charged in three separate cases in Lake County with three felony offenses, only one of which is at issue in this appeal: driving under the influence—fourth or subsequent offense, under § 61-8-1002, MCA (2021).”
State v. Snyder, 2026 MT 103N (Mont. 2026). · cites it 9× “” For purposes of § 61-8-1002, MCA, “under the influence” means that, as a result of taking alcohol, drugs, or both into the body, the person’s ability to safely operate a vehicle has been diminished.”
State v. W. McClellan, 2024 MT 276 (Mont. 2024). · cites it 2× “This left Champa with more than a generalized suspicion or undeveloped hunch of criminal activity; as he testified, the only logical explanation for McClellan’s behavior, based on his training and experience, was impairment, and under Montana law, operating a motor vehicle in…”
State v. M. Pankhurst, 2022 MT 89 (Mont. 2022). “2 2 The 2021 Legislature, through Senate Bill 365, revised and recodified the Montana statutes in question—§§ 61-8-401, -731, and -734, MCA—to §§ 61-8-1002, and -1008, MCA. Pankhurst has two North Dakota convictions from 2014 and 2015; we therefore examine the statute in effect…”
State v. N. Cole, 2026 MT 52 (Mont. 2026). · cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND ¶3 In July 2020, Cole was charged with one count of felony DUI in violation of § 61-8-401(1)(a), MCA (2019) (current version at § 61-8-1002(1)(a), MCA). After unsuccessfully attempting to get Cole into Treatment Court, Cole and the State reached…”
State v. I.Trimble, 2025 MT 284N (Mont. 2025). · cites it 4× “1 ¶6 Trimble was charged with one count of speeding, in violation of § 61-8-309(1), MCA, and one count of DUI, third offense, in violation of § 61-8-1002(1)(a), MCA. ¶7 Trimble moved to suppress all evidence gained after he exited his vehicle on the grounds that Amundson lacked…”
State v. Alford, 2025 MT 171 (Mont. 2025). · cites it 4× “¶1 Tanner David Alford (Alford) appeals his April 17, 2024 sentence imposed by the Twenty-First Judicial District Court, Ravalli County, after pleading guilty to Driving While Under the Influence of Alcohol and/or Drugs (DUI), 4th offense, a felony in violation of § 61-8-1002,…”
State v. Z. Ellis, 2025 MT 253 (Mont. 2025). · cites it 4× “Ellis (Ellis) was convicted of misdemeanor Driving Under the Influence (DUI), third offense, in violation of § 61-8-1002(1)(a), MCA, following a bench trial in Gallatin County Justice Court.”
State v. C. Post, 2025 MT 215 (Mont. 2025). · cites it 3× “2 The District Court expressed concern about defendants manipulating the de novo appeal procedure to attempt to obtain a lesser sentence, and did not inquire further into Post’s financial situation, moving directly to sentencing.”
Show all 19 citing cases →
Mont. Code Ann. § 61-8-1002(1)(a): 8 cases
State v. J. James, 2024 MT 109 (Mont. 2024). “¶1 Johnathan James appeals a jury conviction of felony Driving Under the Influence (DUI), § 61-8-401(1)(a), MCA (recodified at § 61-8-1002(1)(a), MCA), and Driving While Suspended, § 61-5-212(1)(a)(i), MCA, from the Nineteenth Judicial District Court, Lincoln County.”
State v. Ament, 2025 MT 97 (Mont. 2025). “Section 61-8-1002(1)(a), MCA; State v. Rowe, 2024 MT 37 , ¶ 26, 415 Mont.”
State v. D. Boucher, 2025 MT 14N (Mont. 2025). “¶3 On August 19, 2022, Boucher was charged with driving or being in actual physical control of a motor vehicle while under the influence of alcohol, fourth or subsequent offense, in violation of § 61-8-1002(1)(a), MCA. In its supporting affidavit, the State asserted that upon a…”
State v. W. McClellan, 2024 MT 276 (Mont. 2024). “This left Champa with more than a generalized suspicion or undeveloped hunch of criminal activity; as he testified, the only logical explanation for McClellan’s behavior, based on his training and experience, was impairment, and under Montana law, operating a motor vehicle in…”
State v. Snyder, 2026 MT 103N (Mont. 2026). “” For purposes of § 61-8-1002, MCA, “under the influence” means that, as a result of taking alcohol, drugs, or both into the body, the person’s ability to safely operate a vehicle has been diminished.”
Mont. Code Ann. § 61-8-1002(1)(b): 3 cases
State v. Mayfield, 2026 MT 120 (Mont. 2026).
State v. I.Trimble, 2025 MT 284N (Mont. 2025). “1 ¶6 Trimble was charged with one count of speeding, in violation of § 61-8-309(1), MCA, and one count of DUI, third offense, in violation of § 61-8-1002(1)(a), MCA. ¶7 Trimble moved to suppress all evidence gained after he exited his vehicle on the grounds that Amundson lacked…”
State v. C. Post, 2025 MT 215 (Mont. 2025). “2 The District Court expressed concern about defendants manipulating the de novo appeal procedure to attempt to obtain a lesser sentence, and did not inquire further into Post’s financial situation, moving directly to sentencing.”
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