Per-se limit
In Missouri, Nebraska, Virginia, Montana and Arkansas, the statutes each include a concentration-based ground: an offense defined by a measured alcohol concentration at or above a level the statute sets. In Missouri and Montana, the statutes set a separate level for commercial motor vehicles, and Arkansas's statute provides that an alcohol-related offense under it is a strict liability offense.
In Missouri, Nebraska, Virginia, Montana and Arkansas, the statutes described here set out a ground for an offense that turns on a person's measured alcohol concentration compared with a level the statute itself sets. This page describes the statutes of the named states.
How do Missouri and Nebraska state the concentration ground?
Missouri's statute, Mo. Rev. Stat. § 577.012, provides that a person commits the offense of driving with excessive blood alcohol content by operating a vehicle, or a commercial motor vehicle, while having alcohol in his or her blood at or above the level the statute sets for that kind of vehicle. Missouri's statute provides that this content may be shown by chemical analysis of the person's blood, breath, saliva or urine, with the test conducted under other Missouri sections.
Nebraska's statute, Neb. Rev. Stat. § 60-6,196, makes it unlawful to operate or be in the actual physical control of any motor vehicle while under the influence of alcoholic liquor or of any drug, or while having an alcohol concentration at or above a level the statute sets, stated separately for blood and for breath. Nebraska's statute provides that a person who does so is guilty of a crime.
How does Virginia combine the concentration ground with its other grounds?
Virginia's statute, Va. Code § 18.2-266, makes it unlawful to drive or operate any motor vehicle, engine or train while the person has a blood or breath alcohol concentration at or above the level the statute sets, as indicated by a chemical test administered as provided in the same article of Virginia law. Virginia's statute lists that concentration ground among several alternative clauses and provides that a charge alleging a violation of the section shall support a conviction under any of those clauses.
How does Montana treat commercial and noncommercial vehicles?
Montana's statute, Mont. Code Ann. § 61-8-1002, includes among the grounds for driving under the influence driving or being in actual physical control of a noncommercial vehicle upon the ways of this state open to the public while the person's alcohol concentration is at or above a level the statute sets. Montana's statute sets a different level for a commercial motor vehicle within the state, with the concentration in each case as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance.
Montana's statute, Mont. Code Ann. § 61-8-1002, imposes absolute liability for a violation, as provided in a separate Montana section.
What does Arkansas's statute add?
Arkansas's statute, A.C.A. § 5-65-103, makes it unlawful to operate or be in actual physical control of a motorboat on the waters of the state or a motor vehicle if at that time the alcohol concentration in the person's breath or blood was at or above the level the statute sets, based on a definition of alcohol concentration in a separate Arkansas section. Arkansas's statute separately makes the same conduct unlawful for a person who is intoxicated, and provides that an alcohol-related offense under the section is a strict liability offense.
The figures for your state
Deadlines, limits and penalty ranges are set by each state’s statutes, so this page does not state them. Each state page shows them with the official source and the date they were verified — or says plainly that a figure has not been confirmed yet.
Common questions
Do Missouri and Montana set a separate level for commercial motor vehicles?
Yes; in Missouri and Montana, the statutes set separate levels. Missouri's statute, Mo. Rev. Stat. § 577.012, sets a level for operating a vehicle and a separate level for a commercial motor vehicle. Montana's statute, Mont. Code Ann. § 61-8-1002, sets a level for a noncommercial vehicle upon the ways of this state open to the public and a separate level for a commercial motor vehicle within the state.
In Montana, what can a test result at or above the statute's level support at trial?
Montana's statute, Mont. Code Ann. § 61-8-1002, provides that at the trial of a civil or criminal action arising from alleged driving or actual physical control while under the influence of alcohol, such a result from a sample taken within a reasonable time after the alleged act permits an inference that the person was under the influence. Montana's statute states that the inference is rebuttable and does not limit other competent evidence.
Sources
- Mo. Rev. Stat. § 577.012 (official source, opens in a new tab)Driving with excessive blood alcohol content — sentencing restrictions.
- Neb. Rev. Stat. § 60-6,196 (official source, opens in a new tab)Driving under influence of alcoholic liquor or drug; penalties.
- Va. Code § 18.2-266 (official source, opens in a new tab)Va. Code § 18.2-266 - Driving motor vehicle, engine, etc., while intoxicated, etc
- Mont. Code Ann. § 61-8-1002 (official source, opens in a new tab)Driving Under Influence
- A.C.A. § 5-65-103 (official source, opens in a new tab)A.C.A. § 5-65-103 — Driving or boating while intoxicated.
These sources are cited for the jurisdiction and scope identified on this page. They do not establish the law of another state.
Related
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