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Is a second DUI charge in Montana considered a felony?
Question:
Is a second DUI charge in Montana considered a felony?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
According to Montana DUI laws the blood alcohol content (BAC) of .08 will bring about a charge of driving under the influence if you are over 21. For drivers under the age of 21 the BAC need only be .02 to bring about the same charge. There is an “implied consent” law in Montana as well, meaning that drivers have given consent to blood and breath tests by obtaining a driver’s license.
The penalties for a first offense (a misdemeanor) can include 6 months in jail and a fine of $300 to $1,000; however, the jail time can be reduced if you complete the court ordered chemical dependency program. The second or subsequent offense can cause your car to be forfeited, but this is still a misdemeanor. Jail time is 7 days to 6 months. The fine increases to from $600 to $1,000; but this as well as jail time are significantly increased if there is a person in the vehicle less than 16 years of age. This second offense is also likely to result in your having to install an Ignition Interlock device on your vehicle.
The fourth and subsequent offenses are considered to be felonies under Montana statutes. This can result in 5 years imprisonment and a $10,000 fine. Remember, that if a fatal accident is the result of a DUI, you can face felony charges prior to the fourth offense.
You will want to seek the advice of an experienced DUI attorney to assist with your defense against any DUI charge in Montana.
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