Burden of Proof in Montana DUI
Both the Montana and federal constitutions apply when a person is charged with Driving Under the Influence. Just like in any other criminal prosecution, the state must prove all elements of the offense beyond a reasonable doubt. In a DUI case, this means that the prosecution must prove that the defendant:
- was driving or in actual physical control of a vehicle;
- was upon the “ways of this state open to the public” while under the influence of alcohol, drugs, or a combination of those two;
- was within a specific city/county to establish venue and jurisdiction.
These elements must be proven by admissible evidence. In a Montana DUI charge, a videotape of the defendant at the time of the offense or soon after, even if no Miranda warnings were given, is admissible. However, a proper foundation needs to be established before its admission. A proper foundation requires:
- a showing that the recording device was capable of making a record;
- a showing that the operator was competent;
- establishment of the authenticity and correctness of the recording;
- a showing that changes, additions, or deletions were not made;
- a showing of the manner of preservation of the record;
- identification of persons recorded; and
- a showing of the voluntariness of the statements to be introduced.
