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

     23-2-535. Alcohol concentration standards -- evidence admissible -- administration of tests. (1) The inferences contained in 61-8-401(4) 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 61-8-405 and the definition of alcohol concentration provided in 61-8-407 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 61-8-401(3).

     History: En. Sec. 2, Ch. 497, L. 1987; amd. Sec. 13, Ch. 789, L. 1991; amd. Sec. 367, Ch. 56, L. 2009.