Montana § 67-1-211 - Alcohol Concentration Standards -- Evidence Admissible -- Administration Of Tests

§ 67-1-211. Alcohol Concentration Standards -- Evidence Admissible -- Administration Of Tests

Alcohol concentration standards -- evidence admissible -- administration of tests. (1) If a person acting or attempting to act as a crewmember of an aircraft has an alcohol concentration, as defined in 61-8-1001 , of 0.04% by weight or more, it may be inferred that the person is under the influence of alcohol and is in violation of 67-1-204 . (2) Evidence of any measured amount or detected presence of alcohol in the person at the time of the act alleged under subsection (1) 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 67-1-204 . (3) In any criminal action or proceeding arising out of acts alleged to have been committed in violation of 67-1-204 , the court or jury may consider federal regulations governing aeronautics. (4) A person who operates an aircraft over the lands and waters of this state is considered to have given consent to a test of the person's blood, breath, oral fluid, or urine for the purpose of determining any measured amount or detected presence of alcohol or drugs in the person's body if arrested by a peace officer for operating, attempting to operate, or being in actual physical control of an aircraft while under the influence of alcohol, drugs, or a combination of the two. The test must be administered at the direction of a peace officer who has reasonable grounds to believe the person was operating, attempting to operate, or in actual physical control of an aircraft while under the influence of alcohol, drugs, or a combination of the two. The arresting officer may designate which of the tests must be administered. A person who is unconscious or who is otherwise in a condition rendering the person incapable of refusal is considered not to have withdrawn the consent provided by this subsection. (5) If a person charged with a violation of 67-1-204 refuses to submit to a test of the person's blood, breath, oral fluid, or urine for the purpose of determining any measured amount or detected presence of alcohol in the person's body, a test will not 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 67-1-204 . (6) 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 determine any measured amount or detected presence of alcohol in a person and the alcohol concentration of a person charged with violation of 67-1-204 .