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

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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,
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LA-NOLO4:DRU.1.6.3.20141021.28794