Mont. Code Ann. » TITLE 61. MOTOR VEHICLES · CHAPTER 8. TRAFFIC REGULATION · Part 4. Driving Under Influence of Alcohol or Drugs (Repealed)
Montana Code Annotated

Mont. Code Ann. § 61-8-401 (2026)

Repealed

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  1. MCA Contents
  2. TITLE 61
  3. CHAPTER 8
  4. Part 4
  5. 61-8-401 Repealed

TITLE 61. MOTOR VEHICLES

CHAPTER 8. TRAFFIC REGULATION

Part 4. Driving Under Influence of Alcohol or Drugs (Repealed)

Repealed

61-8-401. Repealed. Sec. 44, Ch. 498, L. 2021.

History: En. Sec. 39, Ch. 263, L. 1955; amd. Sec. 1, Ch. 194, L. 1957; amd. Sec. 3, Ch. 201, L. 1957; amd. Sec. 1, Ch. 109, L. 1961; amd. Sec. 1, Ch. 132, L. 1971; amd. Sec. 1, Ch. 289, L. 1977; amd. Sec. 1, Ch. 430, L. 1977; R.C.M. 1947, 32-2142(part); amd. Sec. 69, Ch. 421, L. 1979; amd. Sec. 2, Ch. 659, L. 1983; amd. Sec. 5, Ch. 698, L. 1983; amd. Sec. 2, Ch. 99, L. 1985; amd. Sec. 2, Ch. 350, L. 1987; amd. Sec. 3, Ch. 484, L. 1987; amd. Sec. 1, Ch. 612, L. 1987; amd. Sec. 1, Ch. 789, L. 1991; amd. Sec. 2, Ch. 88, L. 1997; amd. Sec. 6, Ch. 107, L. 1997; amd. Sec. 4, Ch. 512, L. 1997; amd. Sec. 2, Ch. 525, L. 1997; amd. Sec. 4, Ch. 563, L. 2001; amd. Sec. 3, Ch. 329, L. 2003; amd. Sec. 207, Ch. 542, L. 2005; amd. Sec. 12, Ch. 153, L. 2013; amd. Sec. 5, Ch. 424, L. 2015.

Notes of Decisions
Cited in 433 cases (47 in the last 5 years), 1980–2026 · leading case: State v. Sharp, 702 P.2d 959 (Mont. 1985).
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State v. Sharp, 702 P.2d 959 (Mont. 1985). · cites it 46× “The six-person jury found the defendant not guilty of driving while under the influence of alcohol, an offense defined by section 61-8-401, MCA, but found the defendant guilty of the offense of operation of a motor vehicle with a blood alcohol concentration of .”
City of Missoula v. J. Williams, 2017 MT 282, 406 P.3d 8. · cites it 32× “¶29 I concur that the City’s application for a DUI search warrant stated sufficient probable cause to believe that Williams was driving under the influence of alcohol in violation of § 61-8-401, MCA, and that he waived his assertion of error regarding the implied consent…”
State v. McNally, 2002 MT 160, 50 P.3d 1080. · cites it 25× “DISCUSSION ¶6 Did McNally's prior convictions under Colorado's "Driving While Ability Impaired" provision qualify as DUI convictions when sentencing McNally for Felony DUI under Montana's DUI statutes? ¶7 In Montana, offenses related to driving under the influence of alcohol or…”
State v. Michaud, 2008 MT 88, 180 P.3d 636. · cites it 20× “Section 61-8-401(1)(a), MCA. "Under the influence" means that, as a result of taking alcohol into the body, a person's ability to safely operate a vehicle has been diminished.”
State v. McGowan, 2006 MT 163, 139 P.3d 841. · cites it 22× “¶ 7 The State charged McGowan with driving while under the influence of alcohol (DUI), in violation of § 61-8-401, MCA, driving with an alcohol concentration of .”
State v. Delap, 772 P.2d 1268 (Mont. 1989). · cites it 46× “Delap was convicted in City Court in Bozeman, Montana, of violating § 61-8-401, MCA, driving *1269 under the influence, and § 23-2-631, MCA, operating a snowmobile on a city street.”
Montanye v. State, 864 P.2d 1234 (Mont. 1993). · cites it 58× “Because of the substantive changes made in the statute by amendments, we set forth § 61-8-401, MCA (1991), as follows: 61-8-401.”
State v. Bingman, 2002 MT 350, 61 P.3d 153. · cites it 12× “¶ 14 On September 19, 2000, the Respondent, State of Montana, filed an information charging Bingman with driving under the influence of alcohol, fourth or subsequent offense, a felony, in violation of § 61-8-401, MCA (1999). Bingman pled not guilty to the charge on February 14,…”
State v. C. Wells, 2021 MT 103, 485 P.3d 1220. · cites it 12× “¶1 Clifton Wade Wells appeals from his November 2, 2018 conviction by a jury of the offense driving under the influence of alcohol in violation of § 61-8-401, MCA. We affirm. ¶2 We address the following issues on appeal: Issue One: Whether the District Court abused its…”
State v. Hamilton, 2002 MT 263, 59 P.3d 387. · cites it 18× “Lynn Kurtz, an expert from the Montana Crime Lab, testified that while he could not be certain what Hamilton’s BAC was when he was driving before the accident, Hamilton had to have consumed a large quantity of alcohol before the accident in order to have a BAC of 0.”
State v. M. Zeimer, 2022 MT 96, 510 P.3d 100. · cites it 8× “At the suppression hearing, the State conceded that the initial particularized suspicion justifying a CCD welfare check stop disappeared before the stop, but asserted that the deputy nonetheless had sufficient particularized suspicion that Zeimer may be DUI, in violation of §…”
City of Helena v. Danichek, 922 P.2d 1170 (Mont. 1996). · cites it 16× “Danichek was subsequently convicted in City Court for operating a motor vehicle under the influence of alcohol pursuant to § 61-8-401, MCA (1993). He then appealed his conviction to the District Court and moved the court to dismiss the DUI charge claiming that the Double…”
Show all 433 citing cases →
Mont. Code Ann. § 61-8-401(1): 21 cases
State v. Moore, 2012 MT 95, 277 P.3d 1212.
State v. Johnson, 719 P.2d 1248 (Mont. 1986).
State Ex Rel. Booth v. Montana Twenty-First Jud. Dist., 1998 MT 344, 972 P.2d 325.
State v. Polaski, 2005 MT 13, 106 P.3d 538.
State v. Hamilton, 2002 MT 263, 59 P.3d 387. “Lynn Kurtz, an expert from the Montana Crime Lab, testified that while he could not be certain what Hamilton’s BAC was when he was driving before the accident, Hamilton had to have consumed a large quantity of alcohol before the accident in order to have a BAC of 0.”
Mont. Code Ann. § 61-8-401(1)(a): 68 cases
State v. Taylor, 661 P.2d 33 (Mont. 1983).
State v. Michaud, 2008 MT 88, 180 P.3d 636. “Section 61-8-401(1)(a), MCA. "Under the influence" means that, as a result of taking alcohol into the body, a person's ability to safely operate a vehicle has been diminished.”
State v. M. Zeimer, 2022 MT 96, 510 P.3d 100. “At the suppression hearing, the State conceded that the initial particularized suspicion justifying a CCD welfare check stop disappeared before the stop, but asserted that the deputy nonetheless had sufficient particularized suspicion that Zeimer may be DUI, in violation of §…”
State v. Sharp, 702 P.2d 959 (Mont. 1985). “The six-person jury found the defendant not guilty of driving while under the influence of alcohol, an offense defined by section 61-8-401, MCA, but found the defendant guilty of the offense of operation of a motor vehicle with a blood alcohol concentration of .”
State v. Maine, 2011 MT 90, 255 P.3d 64.
Mont. Code Ann. § 61-8-401(1)(b): 3 cases
J.W. Brown v. Salmonsen, No. OP 24-0583 (Mont. Oct. 23, 2024).
Missoula v. M. Follweiler, 2024 MT 311N, 560 P.3d 658.
State v. C. Lapointe, 2025 MT 124, 570 P.3d 558.
Mont. Code Ann. § 61-8-401(1)(d): 3 cases
State v. C. Lapointe, 2025 MT 124, 570 P.3d 558.
State v. L. Loveless, 2020 MT 316N.
State v. 4th Jud. Dist., No. OP 22-0623 (Mont. Dec. 20, 2022).
Mont. Code Ann. § 61-8-401(3): 8 cases
State v. Bingman, 2002 MT 350, 61 P.3d 153. “¶ 14 On September 19, 2000, the Respondent, State of Montana, filed an information charging Bingman with driving under the influence of alcohol, fourth or subsequent offense, a felony, in violation of § 61-8-401, MCA (1999). Bingman pled not guilty to the charge on February 14,…”
State v. M. Zeimer, 2022 MT 96, 510 P.3d 100. “At the suppression hearing, the State conceded that the initial particularized suspicion justifying a CCD welfare check stop disappeared before the stop, but asserted that the deputy nonetheless had sufficient particularized suspicion that Zeimer may be DUI, in violation of §…”
Scofield v. Est. of Wood, 683 P.2d 1300 (Mont. 1984).
State v. Polaski, 2005 MT 13, 106 P.3d 538.
State v. Pierce, 647 P.2d 847 (Mont. 1982).
Mont. Code Ann. § 61-8-401(3)(a): 9 cases
State v. Michaud, 2008 MT 88, 180 P.3d 636. “Section 61-8-401(1)(a), MCA. "Under the influence" means that, as a result of taking alcohol into the body, a person's ability to safely operate a vehicle has been diminished.”
State v. Sharp, 702 P.2d 959 (Mont. 1985). “The six-person jury found the defendant not guilty of driving while under the influence of alcohol, an offense defined by section 61-8-401, MCA, but found the defendant guilty of the offense of operation of a motor vehicle with a blood alcohol concentration of .”
State v. Pinder, 2015 MT 157, 350 P.3d 377.
State v. P. Olson, 2017 MT 101, 400 P.3d 214.
State v. Young, 2012 MT 251, 289 P.3d 110.
Mont. Code Ann. § 61-8-401(3)(b): 1 case
State v. Sharp, 702 P.2d 959 (Mont. 1985). “The six-person jury found the defendant not guilty of driving while under the influence of alcohol, an offense defined by section 61-8-401, MCA, but found the defendant guilty of the offense of operation of a motor vehicle with a blood alcohol concentration of .”
Mont. Code Ann. § 61-8-401(3)(c): 6 cases
State v. Sharp, 702 P.2d 959 (Mont. 1985). “The six-person jury found the defendant not guilty of driving while under the influence of alcohol, an offense defined by section 61-8-401, MCA, but found the defendant guilty of the offense of operation of a motor vehicle with a blood alcohol concentration of .”
State v. Morgan, 646 P.2d 1177 (Mont. 1982).
State v. Pierce, 647 P.2d 847 (Mont. 1982).
State v. McDonald, 697 P.2d 1328 (Mont. 1985).
Penn v. Burlington N., Inc., 605 P.2d 600 (Mont. 1980).
Mont. Code Ann. § 61-8-401(3Xc): 1 case
State v. Morgan, 646 P.2d 1177 (Mont. 1982).
Mont. Code Ann. § 61-8-401(4): 8 cases
State v. Hamilton, 2002 MT 263, 59 P.3d 387. “Lynn Kurtz, an expert from the Montana Crime Lab, testified that while he could not be certain what Hamilton’s BAC was when he was driving before the accident, Hamilton had to have consumed a large quantity of alcohol before the accident in order to have a BAC of 0.”
State v. McGowan, 2006 MT 163, 139 P.3d 841. “¶ 7 The State charged McGowan with driving while under the influence of alcohol (DUI), in violation of § 61-8-401, MCA, driving with an alcohol concentration of .”
Town of Columbus v. Harrington, 2001 MT 258, 36 P.3d 937.
State v. Coluccio, 2009 MT 273, 214 P.3d 1282.
Montanye v. State, 864 P.2d 1234 (Mont. 1993). “Because of the substantive changes made in the statute by amendments, we set forth § 61-8-401, MCA (1991), as follows: 61-8-401.”
Mont. Code Ann. § 61-8-401(4)(a): 1 case
State v. McNally, 2002 MT 160, 50 P.3d 1080. “DISCUSSION ¶6 Did McNally's prior convictions under Colorado's "Driving While Ability Impaired" provision qualify as DUI convictions when sentencing McNally for Felony DUI under Montana's DUI statutes? ¶7 In Montana, offenses related to driving under the influence of alcohol or…”
Mont. Code Ann. § 61-8-401(4)(c): 10 cases
State v. Holland, 2019 MT 128, 443 P.3d 519.
State v. Woods, 947 P.2d 62 (Mont. 1997).
State v. Gieser, 2011 MT 2, 248 P.3d 300.
City of Missoula v. Robertson, 2000 MT 52, 998 P.2d 144.
State v. Eumana-moranchel, 277 P.3d 549 (Or. 2012).
Mont. Code Ann. § 61-8-401(5): 3 cases
State v. Stefanie Schauf, 2009 MT 281, 216 P.3d 740.
City of Helena v. Kortum, 2003 MT 290, 78 P.3d 882.
State v. White, 2009 MT 26, 201 P.3d 808.
Mont. Code Ann. § 61-8-401(7): 8 cases
State v. Michaud, 2008 MT 88, 180 P.3d 636. “Section 61-8-401(1)(a), MCA. "Under the influence" means that, as a result of taking alcohol into the body, a person's ability to safely operate a vehicle has been diminished.”
State v. Ellenburg, 938 P.2d 1376 (Mont. 1997).
State Ex Rel. Booth v. Montana Twenty-First Jud. Dist., 1998 MT 344, 972 P.2d 325.
State v. Parks, 2013 MT 280, 310 P.3d 1088.
City of Missoula v. Paffhausen, 2012 MT 265, 289 P.3d 141.
Mont. Code Ann. § 61-8-401(a): 6 cases
State v. Christiansen, 2010 MT 197, 239 P.3d 949.
City of Billings v. McCarvel, 863 P.2d 441 (Mont. 1993).
State v. Koehn, 1998 MT 234, 966 P.2d 143.
State v. Weigle, 947 P.2d 1053 (Mont. 1997).
State v. C. Lapointe, 2025 MT 124, 570 P.3d 558.
Mont. Code Ann. § 61-8-401(c): 1 case
State v. Pinder, 2015 MT 157, 350 P.3d 377.
Mont. Code Ann. § 61-8-401(d): 1 case
State v. Bilant, 2001 MT 249, 36 P.3d 883.
Mont. Code Ann. § 61-8-401(l)(a): 43 cases
State v. Maine, 2011 MT 90, 255 P.3d 64.
State v. Bingman, 2002 MT 350, 61 P.3d 153. “¶ 14 On September 19, 2000, the Respondent, State of Montana, filed an information charging Bingman with driving under the influence of alcohol, fourth or subsequent offense, a felony, in violation of § 61-8-401, MCA (1999). Bingman pled not guilty to the charge on February 14,…”
State v. Okland, 941 P.2d 431 (Mont. 1997).
State v. Spotted Eagle, 2003 MT 172, 71 P.3d 1239.
State v. Price, 2001 MT 212, 34 P.3d 112.
Mont. Code Ann. § 61-8-401(l)(a)(2007): 1 case
State v. Heavygun, 386 Mont. 107 (2016).
Mont. Code Ann. § 61-8-401(l)(b): 2 cases
State v. Johnson, 2012 MT 101, 277 P.3d 1232.
State v. Pinder, 2015 MT 157, 350 P.3d 377.
Mont. Code Ann. § 61-8-401(l)(c): 1 case
State v. Pinder, 2015 MT 157, 350 P.3d 377.
Mont. Code Ann. § 61-8-401(lXa): 1 case
State v. Sommers, 2014 MT 315, 339 P.3d 65.
Mont. Code Ann. § 61-8-401(lXc): 1 case
State v. Pinder, 2015 MT 157, 350 P.3d 377.
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.