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:
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.