Day: August 20, 2026

Understanding Prescription Drug DUI Charges Under Montana Law Key Takeaways: Yes, police in Missoula can charge you with a DUI for prescription drug impairment, even when you take medication exactly as prescribed, because MCA § 61-8-1002(1)(a) covers driving under the influence of "any drug." Unlike alcohol and THC, prescription drugs have no per se numerical threshold, so prosecutors must prove actual impairment using officer observations, field sobriety tests, and blood testing. Montana’s absolute liability framework means intent does not matter, and case law like State v. Nobach requires officers to be qualified before testifying about drug effects. Montana’s implied consent law makes refusal of a blood test carry separate consequences,