Montana DUI Laws, Penalties, and License Suspension

Montana drunk driving laws have become more and more complicated and the penalties are more harsh that ever. The amount of alcohol a person can consume is becoming less and the effort to crack down on DUI's is rising. Most people arrested for drunk driving have never been in trouble with the law before, this will be the first time they were handcuffed, put into the back of a police car, and tried by the state in court.

The DMV and court process is confusing and there is no room for even the slightest error. Knowing the laws, penalties, fees and process is extremely important. The biggest mistake you can make is assuming that you don't need to speak to a lawyer. DUIs are very complex and a lot is at stake. If you plead guilty to a DUI, your guilty. No reducing, no plea bargaining, just guilty. Give your case a change, talk to a lawyer. You can schedule a free, no obligation consultation with an attorney today by calling (877) 678-5640.

Montana Laws

The following driving actions are illegal in the State of Montana:

• All drivers with a BAC of .04 or higher Depending on Circumstance
• All drivers with a BAC of .08 or higher.
• Under 21 with a BAC of .0 or higher.
• Commercial Vehicle Driver with a BAC of .04 or higher.

Montana Penalties

First Drunk Driving Conviction
The first time you are convicted of a drunk driving offense in the State of Montana you will serve a minimum of 1 day up to 6 months in jail. You will also be fined from $300-$1,000. If there was a passenger under the age of 16 in the vehicle at the time of the arrest, you will serve a minimum of 2 days in jail or up to 12 months, and receive a fine from $600-$2,000. Your drivers license will also be suspended for 6 months.

Second Drunk Driving Conviction
The second time you are arrested for drunk driving in Montana you will be fined from $600-$1,000. You will also be ordered to serve a minimum of 7 days in jail up to 6 months. If there was a passenger under the age of 16 in the vehicle at the time of the arrest, you will serve a minimum of 14 days, or up to 12 months in jail and receive a fine from $1,200-$2,000. Some of the imprisonment may be suspended if the person completes a chemical dependence treatment program. The court may order you to install an ignition interlock device on your vehicle at your own expense during your probationary period. Your drivers license will be suspended for 1 year and your vehicle may be forfeited on the second or subsequent DUI.

Third Drunk Driving Conviction
For your 3rd drunk driving conviction in the State of Montana you will be ordered to serve a minimum of 30 days in jail or up to 1 year. You will also be fined from $1,000-$5,000. If there was a passenger under the age of 16 in the vehicle at the time of the arrest, you will serve a minimum of 60 days, or up to 12 months in jail and receive a fine from $2,000-$10,000. The court may order you to install an ignition interlock device on your vehicle at your own expense during your probationary period. Your drivers license will be suspended for at least 1 year your vehicle may be forfeited on the second or subsequent DUI.

Fourth Drunk Driving Conviction
A fourth drunk driving conviction in the State of Montana is a felony, the convicted driver could receive up to 5 years in jail and a $10,000 fine.

Montana Drivers License Issues

If you drive in the State of Montana the implied consent law says all drivers agree to give their consent to submit to a chemical test of their blood, breath or urine if they are suspected of driving under the influence. If you refuse to submit to such a test your drivers license will be suspended for 6 months on the first refusal. Subsequent refusals will result in a 1 year drivers license suspension with the possibility of a court ordered ignition interlock device installation on your vehicle, at your own expense.

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