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
Title 23. Parks, Recreation, Sports, and Gambling
23-2-501. Declaration of policy
23-2-505. Owner's civil liability
23-2-508. Certificate of title
23-2-514. Exemption from numbering provisions
23-2-515. Registration decal to be displayed
23-2-519. Penalty -- disposition
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
23-2-526. 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
23-2-531. Personal watercraft operation
23-2-532. Restrictions on manufacture and sale
23-2-533. Use of allocated funds for boating facilities
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
23-2-541. Aquatic invasive species prevention pass for nonresident vessels -- rulemaking