(A) A person commits the offense of driving under the influence if the person drives or is actual physical control of:
(1) A motor vehicle upon the ways of the city open to the public while under the influence of alcohol, any drug, or a combination of alcohol and any drug;
(2) 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 other bodily substance, is 0.08 or more;
(3) A commercial motor vehicle within this state while the person's alcohol concentration, as shown by analysis of the person's blood, breath, or other bodily substance, is 0.04 or more;
(4) A noncommercial vehicle or commercial motor vehicle within this state while the person's delta-9-tetrahydrocannabinol level, excluding inactive metabolites, as shown by analysis of the person's blood or other bodily substance, is 5 ng/ml or more; or
(B) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person at the time of a test, as shown by analysis of a sample of the person's blood, breath, or other bodily substance drawn or taken within a reasonable time after the alleged act, gives rise to the following inferences:
(1) If there was at that time an alcohol concentration of 0.04 or less, it may be inferred that the person was not under the influence of alcohol;
(2) If there was at that time an alcohol concentration in excess of 0.04 but less than 0.08, that fact may not give rise to any inference that the person was or was not under the influence of alcohol, but the fact may be considered with other competent evidence in determining the guilt or innocence of the person; and
(3) If there was at that time an alcohol concentration of 0.08 or more, it may be inferred that the person was under the influence of alcohol. The inference is rebuttable.
(C) The provisions of subsection do not limit the introduction of any other competent evidence bearing on the issue of whether the person was under the influence of alcohol, drugs, or a combination of alcohol and drugs.
(D) The fact that any person charged with a violation of this section is or has been entitled to use alcohol or such a drug under the laws of this state does not constitute a defense against any charge of violating this section.
(E) Absolute liability, as provided in M.C.A. § 45-2-104, is imposed for a violation of this section.
(F) When the same acts may establish the commission of an offense under subsection (A), a person charged with the conduct may be prosecuted for a violation of another relevant subsection under subsection (A). However, the person may be convicted of only one offense under this section or of a similar offense under previous laws of this state.
(G) AGGRAVATED DRIVING UNDER THE INFLUENCE means a person is in violation of this section, and:
(1) The person's alcohol concentration, as shown by analysis of the person's blood, breath, or other bodily substance, is 0.16 or more;
(2) The person is under the order of a court or the department to equip any motor vehicle the person operates with an approved ignition interlock device;
(3) The person's driver's license or privilege to drive is suspended, cancelled, or revoked as a result of a prior violation of driving under the influence, including a violation of this section or M.C.A. § 61-8-1002(1)(a), (1)(b), (1)(c), or (1)(d), an offense that meets the definition of aggravated driving under the influence, or a similar offense under previous laws of this state or the laws of another state; or
(4) The person refuses to give a breath sample as required in M.C.A. § 61-8-1016 and the person's driver's license or privilege to drive was suspended, cancelled, or revoked under the provisions of an implied consent statute.
(H) Any person convicted of a violation of this section shall be punished, for a first offense, by imprisonment for not less than 24 consecutive hours or more than six months, and shall be fined not less than $600 or more than $1,000. The jail sentence may not be suspended unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being.
(I) On a second conviction, shall be punished by a fine of not less than $1,000 or more than $1,500 and by imprisonment for not less than seven days, at least 48 hours of which must be served consecutively, or more than six months. Three days of the jail sentence may not be suspended unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being.
(J) On the third or subsequent conviction, shall be punished by imprisonment for a term of not less than 30 days, at least 48 hours of which must be served consecutively, or more than one year, and a fine of not less than $1,500 or more than $2,500.
(K) Notwithstanding any provision to the contrary providing for suspension of execution of a sentence imposed under this subsection, the imposition or execution of the first ten days of the jail sentence imposed for a third or subsequent offense that occurred within five years of the first offense may not be deferred or suspended.
(L) In addition to the above penalties, the Court may order sanctions found under M.C.A. Title 61, Ch. 8, Part 10.
(1985 Code, § 10.04.010) (Res. 569, passed 2-3-2014; Ord. 2022-379, passed - -2022)