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Town of Columbus v. Harrington12/11/2001
, gives rise to the following inferences:
(a) 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.
(b) If there was at that time an alcohol concentration in excess of 0.04 but less than 0.10, 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.
(c) If there was at that time an alcohol concentration of 0.10 or more, it may be inferred that the person was under the influence of alcohol. The inference is rebuttable.
As noted earlier, § 61-8-404(1)(a), MCA, permits admission at trial of PAST results. The only qualifier applied to the inferences under § 61-8-401(4), MCA, is that it be "drawn or taken within a reasonable time after the alleged act." Here, the jury was separately instructed that the PAST results provide only an estimate of alcohol concentration. The instruction Harrington objects to also informed the jury that the inference was permissive and rebuttable.
We hold that the jury instructions fully and fairly informed the jury on the applicable law. The District Court is affirmed.
W. WILLIAM LEAPHART
We concur:
KARLA M. GRAY
JAMES C. NELSON
JIM REGNIER
PATRICIA COTTER
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