Title 61, Title 61

(1) In addition to the punishments provided in 61-8-1007 and 61-8-1008, regardless of disposition, a defendant convicted of a violation of driving under the influence, including 61-8-1002, an offense that meets the definition of aggravated driving under the influence in 61-8-1001…

(1) Interpretation of this chapter in this state must be as consistent as possible with the interpretation of similar laws in other states. (2) The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles on highways except: …

(1) For a person convicted of a first offense of driving under the influence, including 61-8-1002, an offense that meets the definition of aggravated driving under the influence in 61-8-1001, or a similar offense under the laws of another state, in addition to the punishments lis…

(1) (a) For the purpose of determining the number of convictions for prior offenses referred to in 61-8-1001, 61-8-1002, 61-8-1007, and 61-8-1008, "conviction" means: (i) a final conviction, as defined in 45-2-101, in this state, in another state, or on a federally recognized Ind…

(1) (a) A person who operates or is in actual physical control of a vehicle or commercial motor vehicle upon the ways of this state open to the public is considered to have given consent to a test or tests of the person's blood, breath, or oral fluid for the purpose of determinin…

(1) Within 30 days after notice of the right to a hearing has been given by a peace officer, a person may file a petition to challenge the license suspension or revocation in the district court in the county where the arrest was made. (2) The court has jurisdiction and shall set …

(1) Upon the trial of a criminal action or other proceeding arising out of acts alleged to have been committed by a person in violation of driving under the influence, including 61-8-1002, an offense that meets the definition of aggravated driving under the influence in 61-8-1001…

(1) Only a licensed physician, registered nurse, or other qualified person acting under the supervision and direction of a physician or registered nurse may, at the request of a peace officer, withdraw blood for the purpose of determining any measured amount or detected presence …

As used in this chapter, unless the context requires otherwise, the following definitions apply: (1) "Authorized emergency vehicle" means a vehicle of a governmental fire agency organized under Title 7, chapter 33, an ambulance, or an emergency vehicle designated or authorized by…

(1) It is unlawful for a person who is subject to a restriction under 61-8-1010 to operate a vehicle that is not equipped with an ignition interlock device. (2) A person may not knowingly assist a person who is restricted to the use of an ignition interlock device to start and op…

(1) The department shall adopt rules providing for the approval of ignition interlock devices and the installation, calibration, repair, and removal of approved devices. (2) The department's rules must be based on federal standards issued for similar devices. (3) An ignition inte…

(1) Except as provided in subsection (2), a person commits the offense of unlawful possession of an open alcoholic beverage container in or on a motor vehicle if the person knowingly possesses an open alcoholic beverage container within the passenger area of a motor vehicle on a …

(1) Except as provided in subsection (2), a person commits the offense of unlawful possession of marijuana, marijuana products, or marijuana paraphernalia in a motor vehicle if the person knowingly possesses marijuana, marijuana products, or marijuana paraphernalia, as those term…

The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein and no local authority shall enact or enforce any ordinance, rule, or regulation in conflict with the provisions of this chapter unles…

(1) If a person participates in a DUI court, the court may, at the court's discretion, suspend all or a portion of an imprisonment sentence under 61-8-1007, except for the mandatory minimum imprisonment term. (2) If a person participating in a DUI court fails to comply with the c…

(1) The department shall suspend an individual's driver license if the department receives a report for an implied consent violation from law enforcement or another reporting jurisdiction that, pursuant to 61-8-1016, an individual has refused a test or tests of the person's blood…

(1) A motor vehicle forfeited under 61-8-1010 must be seized by the arresting agency within 10 days after the conviction and disposed of as provided in Title 44, chapter 12, part 2. Except as provided in this section, the provisions of Title 44, chapter 12, part 2, apply to the e…

It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor punishable as provided in 61-8-711 for any person to do any act forbidden or fail to perform any act required in this chapter.

A person may not willfully fail or refuse to comply with a lawful order or direction of a peace officer, flag person, crossing guard, or public safety worker pertaining to the use of the highways by traffic. As used in this section: (1) "peace officer" has the same meaning as pro…

(1) The provisions of this chapter applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, or town, district, or any other political subdivision of the state, excep…

(1) The driver of a police vehicle or authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in t…

Every person driving an animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which by their very nature can have no applicati…

Nothing in this chapter shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner from prohibiting such use or from requiring other or different or additional conditions than those specified in this cha…

As used in 61-8-111 and 61-8-112: (1) "forest development road" means a road located on national forest lands or on a right-of-way acquired by the United States and used for the protection, administration, and utilization of the national forests and other lands administered by th…

Forest development roads in the state, whether or not they meet the definition of a public highway by the laws of this state, are subject to the traffic laws of this state and the Montana highway patrol and county sheriffs of this state shall have jurisdiction thereon to investig…

When forest development roads, or segments thereof, are designated as special service roads by the United States forest service and by such designation are subjected to traffic rules in addition to or in conflict with the Montana traffic laws, neither the additional nor conflicti…

(1) Unless otherwise directed by a peace officer, flag person, crossing guard, or public safety worker, the driver of a vehicle shall obey the instructions of an official traffic control device applicable to the driver's vehicle and placed in accordance with the provisions of thi…

The department of transportation shall adopt a manual for a uniform system of traffic control devices consistent with this chapter for use upon highways within the state. The manual adopted by the department of transportation must correlate with and so far as possible conform to …

(1) The department of transportation shall place and maintain traffic control devices, conforming to its manual and specifications, upon all highways maintained by the department of transportation that the department considers necessary to carry out the provisions of chapter 9 an…

Upon conviction under the provisions of 61-8-713, a person who furnishes information to law enforcement officers leading to the arrest and conviction of the accused person must be paid a reward from the highway nonrestricted account provided for in 15-70-125 in the sum of $100.

(1) Local authorities in their respective jurisdictions shall place and maintain traffic control devices upon highways under their jurisdiction that they consider necessary to indicate and to carry out the provisions of this chapter or local traffic ordinances or to regulate, war…

Except for lane use control signals and special pedestrian control signals carrying a legend, whenever traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively one at a time or in combination, only the colors gree…

Whenever special pedestrian control signals exhibiting the words "Walk" or "Don't Walk" or symbols of a walking person or an upraised palm are in place, the signals indicate as follows: (1) A pedestrian facing a "Walk" signal or a walking person symbol may proceed across the road…

(1) Whenever an illuminated flashing red or yellow signal is used in a traffic control device, it requires obedience by vehicular traffic as follows: (a) When a red lens is illuminated with rapid intermittent flashes, an operator of a vehicle shall stop at a marked stop line. If …

(1) A person may not place, maintain, or display upon or in view of a highway any unauthorized sign, signal, marking, or device that purports to be or is an imitation of or resembles an official traffic control device, that attempts to direct the movement of traffic, or that hide…

When lane use control signals are placed over individual lanes, the signals indicate and apply to operators of vehicles as follows: (1) An operator of a vehicle may drive in the lane over which a steady downward green arrow signal is located. (2) An operator of a vehicle must be …

An operator of a vehicle approaching an intersection in which an electronic traffic control device is inoperative shall stop in the manner prescribed in 61-8-344, except when directed to proceed by a police officer, highway patrol officer, or traffic control signal.

(1) A person commits the offense of reckless driving if the person: (a) operates a vehicle in willful or wanton disregard for the safety of persons or property; or (b) operates a vehicle in willful or wanton disregard for the safety of persons or property while passing, in either…

(1) A person operating or driving a vehicle upon ways of this state open to the public shall drive it in a careful and prudent manner that does not unduly or unreasonably endanger the life, limb, property, or other rights of a person using the ways of this state open to the publi…

(1) Except as provided in 61-8-309, 61-8-310, and 61-8-312, the speed limit for vehicles traveling: (a) on an interstate highway outside an urbanized area of 50,000 population or more is 80 miles an hour at all times and the speed limit for vehicles traveling on interstate highwa…

(1) No race or contest for speed shall be held and no person shall engage in or aid or abet in any motor vehicle speed contest or exhibition of speed on a public highway or street without written permission of the authorities of the state, county, or city having jurisdiction and …

(1) (a) (i) If the commission determines on the basis of an engineering and traffic investigation that a speed limit set by 61-8-303 or 61-8-312 is greater or less than is reasonable or safe under the conditions found to exist at an intersection, curve, or dangerous location or o…

(1) If a local authority in its jurisdiction determines on the basis of an engineering and traffic investigation that the speed permitted under 61-8-303 and 61-8-309 through 61-8-313 is greater or less than is reasonable and safe under the conditions found to exist on a highway o…

(1) A person may not drive a motor vehicle at a speed slow enough to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. (2) On a two-lane highway where passing is unsafe because of onc…

(1) Except as provided in 61-8-303, 61-8-309, 61-8-310, and subsection (2) of this section, the speed limit for a truck or truck tractor of more than 1 ton "manufacturer's rated capacity" traveling on: (a) an interstate highway, as defined in 60-1-103, is 70 miles an hour; and (b…

(1) A person may not drive a vehicle equipped with solid rubber or cushion tires at a speed greater than 10 miles per hour. (2) A person may not drive a vehicle over a bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum…