| Montana DUI Law | | | | The criminal penalties for driving under the influence |
| Montana's laws make it illegal for anyone who drives a | | | | are severe, especially if you have a prior offense or if |
| vehicle to drive while under the influence of alcohol or | | | | chemical testing reveals that your blood alcohol |
| controlled substances. These laws are in place to | | | | concentration level is twice the legal limit or more. For a |
| protect people using Montana's roadways from | | | | first offense, the penalties in Montana are a minimum |
| accidents, injuries, and death resulting from the actions | | | | of 24 hours of jail time and a minimum fine of $300 for |
| of a driver who is under the influence. In Montana, it is | | | | an offender with a BAC of 0.04% to 0.08%. If the |
| actually illegal to be operating the vehicle while under | | | | person is a multiple offender, the penalties can be up |
| the influence. This means that you don't even need to | | | | to 48 hours of immediate jail time and a fine of up to |
| be driving to be charged with a driving under the | | | | $5,000. After a conviction is obtained, mandatory jail |
| influence offense. Because of the criminal and | | | | time of 30-365 days may be put into effect. A first |
| administrative consequences of driving under the | | | | offense with a BAC of 0.08% or higher can result in a |
| influence, it is important for you to contact a Montana | | | | minimum fine of $300 and up to 10 days of jail time in |
| DUI lawyer as soon as you are arrested for this type | | | | the county jail. Multiple offenders with this BAC level |
| of offense. Having a skilled Montana DUI attorney | | | | face a minimum fine of $5,000 and up to 6 months in |
| represent you gives you the best chance of being able | | | | jail. Aggravating factors such as a minor riding in the |
| to defend yourself against these DUI charges. | | | | vehicle at the time of the offense or having a BAC of |
| Montana DUI Arrests | | | | 0.16% or greater can result in the fines being doubled. |
| The DUI laws in Montana make it necessary for | | | | A fourth DUI offense in Montana is considered a |
| drivers to submit to chemical testing when arrested for | | | | felony and can result in a fine of $10,000 and up to five |
| a DUI within the state. This concept is called implied | | | | years of jail time. |
| consent because anyone who drives a vehicle within | | | | There are specific penalties for persons under the age |
| the state of Montana is implying that they will take the | | | | of 21 who drive while under the influence. This means |
| chemical test if asked to do so by a law enforcement | | | | that they have a BAC of 0.02% or higher. A first |
| officer. Montana is unique because it also uses this | | | | offense can result in a fine of $100 to $500 and a |
| implied consent to make drivers take a preliminary | | | | 90-day license suspension. A second offense can |
| alcohol screening test in the field so that law | | | | result in fines of $200 to $500 and license suspension |
| enforcement officers can estimate their level of blood | | | | of 6 months. If the offender is over 18 and under 21, |
| alcohol concentration. If a driver refuses a preliminary | | | | they may also be sentenced to 10 days in jail. A third |
| test or a chemical test, he or she will face a license | | | | or subsequent offense can result in fines of $300 to |
| suspension of up to one year in length. The legal blood | | | | $500, license suspension for one year, and up to 60 |
| alcohol concentration limit in Montana is 0.08% but if an | | | | days in jail. To get your license back after a DUI, you |
| officer finds that your blood alcohol concentration level | | | | must complete an alcohol treatment program and pay |
| is 0.04% to 0.08% and you have shown bad driving | | | | a $200 license reinstatement fee. If you were |
| patterns, you may still be charged with driving under | | | | convicted of a DUI as a commercial driver, you may |
| the influence. Because being arrested for driving under | | | | never be able to get your license back. Because of |
| the influence has the power to negatively impact your | | | | these penalties, contacting a Montana DUI lawyer is |
| quality of life, it is important that you consult with a | | | | very important for keeping your quality of life after a |
| Montana DUI attorney as soon as possible after your | | | | DUI arrest. A skilled Montana DUI attorney can help |
| arrested. Your attorney will be able to tell you how to | | | | you to defend yourself against very serious charges |
| proceed and will guide you through the legal system as | | | | or minimize the penalties that are imposed on you if |
| you face DUI charges. | | | | you are convicted. |
| Montana DUI Criminal Penalties | | | | |