Montana DUI Penalties | Consequences of Drunk Driving in Montana : Jail Time, Fines, License Suspension
First Montana DUI:
- Imprisonment: Minimum 24 hours consecutive hours in county jail - Maximum 6 months. If passenger under 16 years of age in vehicle: 48 hours - 12 months.
- Fines: $300 - $1,000. If passenger under 16 years of age in vehicle: $600 - $2,000
- Chemical Dependency Assessment and Education Course (ACT Program): Required.
- Driver's License Suspension: 6 months. Possibility of restricted probationary license for "essential driving only."
First Offense Driving With .08 or More AC ("Per Se Violation"):
- Imprisonment: Maximum 10 days. If passenger under 16 years of age in vehicle: Maximum 20 days.
- Fines: $300 - $1,000. If passenger under 16 years of age in vehicle: $600 - $2,000.
- Chemical Dependency Assessment and Education Course (ACT Program): Required.
- Driver's License Suspension: 6 months. Possibility of restricted probationary license for "essential driving only."
- Ignition Interlock Device: Required during probationary period
Second Montana DUI:
- Imprisonment: 7 days - 6 months. If passenger under 16 years of age in vehicle: 14 days - 12 months
- Fines: $600 - $1,000. If passenger under 16 years of age in vehicle: $1,200 - $2,000
- Chemical Dependency Assessment and Education Course (ACT Program): Required.
- Vehicle Seizure: Possible.
- Driver's License Suspension: 1 year.
- Ignition Interlock Device: Required
Second Offense Driving With .08 or More AC ("Per Se Violation"):
- Imprisonment: 5 days - 30 days. If passenger under 16 years of age in vehicle: 10 days - 60 days.
- Fines: $600 - $1,000. If passenger under 16 years of age in vehicle: $1,200 - $2,000.
- Chemical Dependency Assessment and Education Course (ACT Program): Required.
- Driver's License Suspension:1 year
- Vehicle Seizure: Possible
- Ignition Interlock Device: Required for 12 months following License Revocation period
Third Montana DUI:
- Imprisonment: 30 days - 1 year. 10 days of imprisonment nonsuspendible If passenger under 16 years of age in vehicle: 60 days - 1 year.
- Fines: $1000 - $5,000. If passenger under 16 years of age in vehicle: $2,000 - $10,000. In addition, defendant must pay cost of imprisonment if financially able.
- Vehicle Seizure: Required
Third Offense Driving With .08 or More AC ("Per Se Violation"):
- Imprisonment: Maximum 10 days. If passenger under 16 years of age in vehicle: Maximum 20 days.
- Fines: $1,000 - $5,000. If passenger under 16 years of age in vehicle: $2,000 - $10,000.
- Chemical Dependency Assessment and Education Course (ACT Program): Required.
- Vehicle Seizure: Required
Montana DUI Laws - Relevant Statutes
Montana Code
- Title 44 Law Enforcement
- Title 45 Crimes
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Title 61 Motor Vehicles
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Part 4 Driving Under Influence of Alcohol or Drugs
- 61-8-401. Driving under influence of alcohol or drugs--definitions
- 61-8-402. Implied consent--blood or breath tests for alcohol, drugs, or both--refusal to submit to test--administrative license suspension
- 61-8-403. Right of appeal to court
- 61-8-404. Evidence admissible--conditions of admissibility
- 61-8-405. Administration of tests
- 61-8-406. Operation of noncommercial vehicle by person with alcohol concentration of 0.08 or more--operation of commercial vehicle by person with alcohol concentration of 0.04 or more
- 61-8-407. Definition of alcohol concentration
- 61-8-408. Multiple convictions prohibited
- 61-8-409. Preliminary alcohol screening test
- 61-8-410. Operation of vehicle by person under twenty-one with alcohol concentration of 0.02 or more
- 61-8-421. Forfeiture procedure
- 61-8-422. Prohibition on transfer, sale, or encumbrance of vehicles subject to seizure or forfeiture--penalty
- 61-8-440. Ignition interlock device--assisting in starting and operating--circumventing--penalty
- 61-8-441. Department rules regarding ignition interlock devices--ignition interlock device provider requirements
- 61-8-442. Driving under influence of alcohol or drugs--driving with excessive alcohol concentration--ignition interlock device
- 61-8-460. Unlawful possession of open alcoholic beverage container in motor vehicle on highway
- 61-8-461. Definitions
- 61-8-465. Aggravated DUI
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Part 7 Enforcement - Penalties
- 61-8-714. Penalty for driving under influence of alcohol or drugs--first through third offense
- 61-8-731. Driving under influence of alcohol or drugs--driving with excessive alcohol concentration--penalty for fourth or subsequent offense
- 61-8-732. Driving under influence of alcohol or drugs--driving with excessive alcohol concentration--assessment, education, and treatment required
- 61-8-733. Driving under influence of alcohol or drugs--driving with excessive alcohol concentration--forfeiture of vehicle
- 61-8-734. Driving under influence of alcohol or drugs--driving with excessive alcohol concentration--conviction defined--place of imprisonment--home arrest--exceptions--deferral of sentence not allowed
- 61-8-741 . Suspension of imprisonment sentence for DUI court participation--DUI court defined
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Part 4 Driving Under Influence of Alcohol or Drugs
The skilled Montana DUI lawyers on this site can help you with all aspects of your drunk driving arrest including: further information on DUI penalties, fines, and consequences, administrative driver's license suspension or revocation, Under 21 DUI Drunk Driving and Zero Tolerance Laws, SR-22 insurance, DUI School, Mothers Against Drunk Driving (MADD) Victim Impact Panels, how to beat a DUI, Ignition Interlock Devices, SCRAM Continuous Alcohol Monitoring Device, DUI Expungement, DUI Diversion, Community Service, and all other issues surrounding your Montana Drunk Driving DUI Arrest.
Montana DUI Attorneys can help fight for your Rights following a DUI arrest in Billings, Great Falls, Missoula or anywhere else in Montana.