Montana Code Annotated
Part 5. Boats
23-2-535. Alcohol concentration standards -- evidence admissible -- administration of tests

23-2-535. Alcohol concentration standards -- evidence admissible -- administration of tests. (1) The inferences contained in 61-8-1002 apply to any criminal action or proceeding arising out of acts alleged to have been committed in violation of 23-2-523(2).
(2) Evidence of any measured amount or detected presence of alcohol in a person at the time of the act alleged, as shown by analysis of the person's blood, breath, or urine, and any other competent evidence bearing on the question of whether the person was under the influence of alcohol, drugs, or a combination of the two at the time of the act alleged is admissible in any criminal action or proceeding arising out of acts alleged to have been committed in violation of 23-2-523(2).
(3) If a person charged with violation of 23-2-523(2) refuses to submit to a test of the person's blood, breath, or urine for the purpose of determining any measured amount or detected presence of alcohol, none will be given, but proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed in violation of 23-2-523(2).
(4) The provisions relating to administration of tests provided in 61-8-1019 and the definition of alcohol concentration provided in 61-8-1001 apply to any testing done to a person charged with violation of 23-2-523(2).
(5) As used in 23-2-523(2), the term "under the influence" has the meaning provided in 61-8-1001.
History: En. Sec. 2, Ch. 497, L. 1987; amd. Sec. 13, Ch. 789, L. 1991; amd. Sec. 367, Ch. 56, L. 2009; amd. Sec. 18, Ch. 498, L. 2021.

Structure Montana Code Annotated

Montana Code Annotated

Title 23. Parks, Recreation, Sports, and Gambling

Chapter 2. Recreation

Part 5. Boats

23-2-501. Declaration of policy

23-2-502. Definitions

23-2-503. Boat liveries

23-2-504. Filing of rules

23-2-505. Owner's civil liability

23-2-506. Enforcement

23-2-507. Penalty

23-2-508. Certificate of title

23-2-509. Repealed

23-2-510. Repealed

23-2-511. Operation of unnumbered motorboats or sailboats prohibited -- display of registration and validation decals

23-2-512. Identifying number

23-2-513. Repealed

23-2-514. Exemption from numbering provisions

23-2-515. Registration decal to be displayed

23-2-516. Repealed

23-2-517. Repealed

23-2-518. Repealed

23-2-519. Penalty -- disposition

23-2-520. Repealed

23-2-521. Equipment

23-2-522. Discharge of waste from vessel prohibited

23-2-523. Prohibited operation and mooring -- enforcement

23-2-524. Passing rule and right-of-way

23-2-525. Restricted areas

23-2-526. Overloading -- overpowering -- noise limitations

23-2-527. Collisions, accidents, and casualties

23-2-528. Transmittal of information to U.S. officials

23-2-529. Waterskis and surfboards

23-2-530. Education program

23-2-531. Personal watercraft operation

23-2-532. Restrictions on manufacture and sale

23-2-533. Use of allocated funds for boating facilities

23-2-534. Funding of state recreational boating safety program -- certification of county programs -- administration by counties

23-2-535. Alcohol concentration standards -- evidence admissible -- administration of tests

23-2-536. Creation of boating advisory council -- appointment of members -- duties

23-2-537. through 23-2-539 reserved

23-2-540. Repealed

23-2-541. Aquatic invasive species prevention pass for nonresident vessels -- rulemaking