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Suspended Sentence for Man's Forth DUI

November 17, 2013 - A 63-year old Kalispell resident stopped by a Montana Highway Patrol trooper for swerving pled guilty to driving under the influence charges. This is his forth DUI dating back to 1990. (MORE)

Third DUI Charge for Helena Man

November 30, 2013 - The Montana Highway Patrol confirmed the arrest of a 28-year old man for driving under the influence, his third such offense. The driver had four children in the car at the time of arrest. (MORE)

Montana DUI Laws

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In Montana it is unlawful to drive under the influence of alcohol or drugs or operate a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or greater. A Montana DUI is a serious charge. A conviction can affect your finances and freedom and leave you with a permanent record which can impact the rest of your life. If you have been arrested for DUI it is highly recommended that you seek the advice of a Montana DUI attorney to make sure you get the most accurate legal information and help resolving your case.

If you are stopped on suspicion of DUI and fail or refuse a blood or breath test, your license may be suspended or revoked. If you are convicted of DUI, your sentence may include fines, vehicle impoundment, a mandatory ignition interlock device and imprisonment. It may be possible to have part of the prison sentence suspended pending completion of a treatment program. The laws and penalties may vary for minors, commercial drivers, habitual offenders and high-BAC offenders. To learn more about Montana DUI laws, it is best to consult an attorney.

There are many ways to contest a Montana DUI charge — for example, the police officer may have lacked probable cause for the traffic stop or evidence may have been compromised due to a break in the chain of custody. Hiring an experienced DUI attorney can make a big difference in the outcome of your case. If you have been charged with DUI, contact a Montana DUI lawyer today.

Montana DUI/DWI Laws and Penalties

State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.

Blood Alcohol Content/Concentration ("BAC")

Montana BAC laws may differ from those of other states, as follows.

Montana BAC Laws
Per Se Violation BAC of .08 or higher
"Zero Tolerance" (BAC for someone under 21) .02 or higher
Commercial Driver's License Holder* .04 or higher (while operating a commercial vehicle)
Implied Consent to Submit to a BAC Test
  • Yes, by getting a Montana driver's license, you give consent to submit to a BAC test (breath alcohol test or blood analysis)
  • Failure to submit to a BAC test will result in the suspension of your driver's license for 6 or 12 months, depending on the existence of prior refusals

Criminal Court Conviction - Mandatory Fines and Penalties

(Penalties imposed by the criminal court system)

First DUI/DWI Offense
License Suspension 6 months (may have conditional license)
Prison Term and Community Service Up to 10 days in jail; maybe community service
Fines, Fees, and Surcharges Approx. $300 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • BAC of .16 or higher - ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Mandatory alcohol screening and education; possible treatment
Second or Subsequent DUI/DWI Offense
License Suspension 12 months (may have conditional license)
Prison Term and Community Service Up to 6 months in jail; maybe community service
Fines, Fees, and Surcharges Approx. $5,000 or higher**
Vehicle Penalties
  • Potential impound or confiscation
  • Ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
Drug and Alcohol Education, Assessment and Treatment Mandatory alcohol screening and education; possible treatment
Aggravating Factors that Can Alter DUI/DWI Penalties***
Vehicular Manslaughter
Driving with Children in the Car
Higher BAC (above the enhanced penalty)
Zero Tolerance DUI/DWI
Driving While Under the Influence of Drugs
Out-of-State DUI/DWI Convictions
Reckless Driving/Accident

*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.

Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Montana Department of Justice

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