Montana DUI Laws

Montana DUI laws are similar to the majority of states. Registering anything above a .08 will result in a DUI charge, and unlike other states, even an amount as low as .04 can count under Montana DUI laws in conjunction with other mitigating factors. A Montana DUI charge carries strict penalties and will often require the services of a trained attorney to at least fight for the lower scale punishment.

Montana DUI laws provide an implied consent clause that means anytime it is suspected a driver is under the influence, they are required to provide a sample of blood, urine, or breath to be analyzed. If this is refused, it correlates to an automatic six month license suspension. Drivers under the age of twenty-one receive zero-tolerance and if they register any amount of alcohol they are charged with a DUI. Also, commercial drivers are held to .04 allowable BAC.

First Offense:

A first Montana DUI offense can result in a jail period of twenty-four hours up to six months, and this is doubled if the driver is charged with a DUI while transporting an individual under the age of sixteen. The driver is also subjected to fines of three hundred to one-thousand dollars, and six-hundred to two-thousand if transporting someone sixteen or under. Receiving a Montana DUI will likely correlate to a six month license suspension with a possible interlock device and/or issuance of a restricted license. Also, Montana DUI laws call for the completion of a driver-alcohol and substance education program.

Second Offense:

Understandably, the punishments increase after a second Montana DUI charge. These penalties can include; jail from seven to one-hundred eighty days (doubles if with minor sixteen or younger, fines from six-hundred to one-thousand dollars (double if with minor sixteen or younger), and a one-year suspension of driving privileges. A probationary-based license can be made available after 45 days full suspension if the driver agrees to pay the cost of installing and maintaining an interlock device. If the driver opts not to, they may have to forfeit their vehicle.

Third Offense:

Being charged for a third Montana DUI will result in a minimum jail sentence of thirty days and up to one year. Fines will range from one-thousand to five-thousand dollars. Both of these charges double if with minor under the age of sixteen. The license suspension plan is the same as the second charge under Montana DUI laws.

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