Montana DUI Laws
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 |
|
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 |
|
| 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 |
|
| 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