Montana DUI laws state that any individual who drives in the state of
Montana gives implied consent to chemical testing when requested.
Chemical tests include breath tests, blood tests, and urine tests.
Implied consent also includes Preliminary Alcohol Screening tests.
Refusing to take either test will result in driver's license suspension
for up to one year.
Individuals may be arrested if their blood alcohol content exceeds the
legal limit of 0.08 percent. Minors will be arrested if their blood
alcohol content exceeds 0.02 percent. Commercial drivers will be arrest
if their blood alcohol content exceeds 0.04 percent. Driving under the
influence can also include drugs, alcohol, or a combination of the two
Individuals may be prosecuted under two different terms. The first is
where an individual may be tried for driving while impaired. The
prosecution will provide evidence to the court to prove that an
individual was impaired while driving. Evidence can include driving
patterns, physical appearance, blood alcohol content percentages, field
sobriety tests, and others. Even if an individual has a blood alcohol
content over the legal limit, he or she may not be convicted as he or
she still may not have been impaired.
The second term is where an individual will be tried under per se laws.
Per se laws state that an individual drove with a blood alcohol content
above the legal limit. The prosecution will present the individual
blood alcohol content percentages to the court as evidence.
Montana DUI Consequences
Punishments can increase if an individual's blood alcohol content is
double the legal limit, if he or she is speeding, if another was
injured, or if a minor was in the vehicle at the time of the arrest.
Montana DUI punishments are based on the number of prior DUI
convictions and the years in which they were charged.
Depending on the blood alcohol content of a first-time offender, an
individual can have varied punishments. First DUI offenses can earn
incarceration between one day and six months, fines between three
hundred dollars and one thousand dollars, and six months of driver's
license suspension. Individual also may be subject to chemical
dependency programs. All incarceration times and fines will double if a
minor was in the vehicle
Second DUI offense can earn fines between six hundred dollars and two
thousand dollars, incarceration between seven days and twelve months,
and one year of driver's license suspension. An ignition interlock
device may be installed along with mandatory attendance to substance
abuse treatment programs.
Third DUI offenses can earn incarceration between thirty days and one
year, fines between one thousand dollars and ten thousand dollars, and
driver's license suspension for one year. A vehicle may also be
forfeited and an ignition interlock device installed.
A fourth DUI offense is a felony and can earn imprisonment up to five
years, thirteen months of alcohol and drug abuse program attendance,
fines up to ten thousand dollars, house arrest, and vehicle forfeiting.
Minors can have a fine between one hundred dollars and five hundred
dollars and ninety days of driver's license suspension for a first
offense; fines between two hundred and five hundred dollars and six
months of driver's license suspension for a second offense, and fines
between three hundred and five hundred dollars and driver's license
suspension for one year for a third offense.