Bill > SB196

This bill revises Montana's driving under the influence (DUI) laws by providing a new definition for "actual physical control," which clarifies when a person is considered to be in control of a motor vehicle. The bill specifies that actual physical control means operating or driving a motor vehicle on public roads and highways, but explicitly excludes certain scenarios such as being seated in a non-driver's seat when the vehicle is not in a gear allowing self-propulsion, or when a vehicle is disabled and not capable of movement (except in cases of collision). The bill also does not consider actual physical control to include situations where a person is manually propelling a disabled vehicle by means other than its engine. Additionally, the bill makes technical changes to the existing DUI statute by renumbering definitions and maintaining the existing definitions for terms like "aggravated driving under the influence," "alcohol concentration," and "under the influence." The primary intent of the bill appears to be providing more precise legal guidance about what constitutes being in control of a vehicle for the purposes of DUI enforcement, potentially offering more clarity and potentially some additional protections for individuals in certain vehicle-related situations.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC1654