What is the legal definition of “intoxication”?
In Montana, the legal definition of intoxication is when someone has consumed any alcoholic beverage and as a result their physical and mental abilities have been impaired. To be considered intoxicated under Montana law, a person must have a blood alcohol concentration of 0.08 percent or higher. A person can be guilty of intoxication even if their blood alcohol concentration is lower than that if they are exhibiting signs of impairment. This means that someone who is impaired by drugs, alcohol, or a combination of the two can be considered legally intoxicated. Intoxication can be determined through observable signs of impairment such as slurred speech, difficulty standing, erratic behavior, and a strong odor of alcohol on their breath. Intoxication is an important concept in Montana liquor liability law, since it is used to determine whether someone is at fault in a liability dispute. If someone is found to be intoxicated, they can be held liable for any damages that occur as a result of their intoxication. This is why it is important to understand the legal definition of intoxication in Montana.
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