DUI Per Se: Operation of noncommercial vehicle by person with alcohol concentration of 0.08 or more–operation of commercial vehicle by person with alcohol concentration of 0.04 or more (DUI Per Se)

Montana Code Annotated §61-8-406. Operation of noncommercial vehicle by person with alcohol concentration of 0.08 or more–operation of commercial vehicle by person with alcohol concentration of 0.04 or more

(1) It is unlawful and punishable as provided in 61-8-442, 61-8-722, 61-8-723, and 61-8-731 through 61-8-734 for any person to drive or be in actual physical control of:

(a) 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, or urine, is 0.08 or more; or

(b) a commercial motor 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 or breath, is 0.04 or more.

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

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