What is the penalty for a first time DUI in Montana?

Related Ads
Protect Yourself. Talk to a Lawyer About Your Case
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Question:

What is the penalty for a first time DUI in Montana?

Answer:

Under Montana DUI laws, a person operating a motor vehicle with a blood alcohol content of .08 is guilty of driving under the influence, which is a misdemeanor. The following are penalties for a DUI conviction in Montana:

1st DUI Conviction

  • Jail time of 1 day up to 6 months; if a minor under 16 is in vehicle, jail time of 2 days up to 12 months
  • Fine from $300 to $1000; if a minor under 16 is in vehicle, fine of $2,000
  • License suspension for 6 months

2nd DUI Conviction

  • Jail time of 7 days up to 6 months; if a minor is in vehicle, jail time may be doubled
  • Fines from $600 to $1000; if a minor is in vehicle, fines may be doubled
  • License suspension for 1 year
  • Possible dependency treatment program
  • Ignition interlock device installed on vehicle for a probationary period
  • Vehicle forfeiture

3rd DUI Conviction

  • Jail time of 30 days up to a year; if a minor is in vehicle, jail time may be doubled
  • Fines up to $5000; if a minor is in vehicle, fines may be doubled
  • License suspension for 1 year
  • Ignition interlock device installed on vehicle
  • Vehicle forfeiture

A fourth conviction is a felony which incurs a jail period of 5 years.

As Montana is a Complied Consent state, you are subject to a mandatory Preliminary Alcohol Screen testing if suspected of driving under the influence. If you refuse to take this test, you may still be charged with a DUI based on a field sobriety test, your appearance, and any erratic driving performance.

If you face DUI charges in Montana, talk with an experienced attorney to defend against possible prosecution and/or conviction.

References:

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a lawyer for your case.


LA-NOLO1:LDR.1.5.0.20140409.25642