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Drugs and DUI in Montana

The “Driving Under the Influence” statute provides that an individual who is under the influence of a “drug” or a “dangerous drug” is also in violation of the “Driving Under the Influence” offense. The state has procedures for board determination of what constitutes a “dangerous drug.” For the most part, any substance that alters a person’s ability to sufficiently drive a vehicle is in jeopardy of being charged with “Driving Under the Influence.”  Though it goes without saying, a person who is found to be under the influence of a drug, and only a drug, cannot be charged with “Excessive Alcohol Concentration.” The “Driving Under the Influence” offense does make a point in stating that a combination of both drugs and alcohol can lead to a charge of the offense. In addition to the traditional penalties that can be charged to an individual for “Driving Under the Influence”, a court also has the ability to require an individual to complete a drug dependency course. It is also important to remember that a person is also in danger of receiving other criminal charges in addition to “Driving Under the Influence,” such as possession of an illegal drug.


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