Montana DUI State Law

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Montana DUI Laws

Montana Implied Consent Law
1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties

According to Montana DUI laws, individuals can fight to keep their driver's license and to avoid jail time and fines. It is difficult to do this if you have been charged with DUI. The best recourse available is using a specialized and experienced Montana DUI lawyer.

Montana Blood Alcohol Concentration Laws

The Montana BAC level is .08 percent. If you are at or over this number, you are in violation of Montana DUI laws and will face charges. Likewise, if you refuse to take the Preliminary Alcohol Screen testing (PAS test) you will be charged with DUI as well. You do not have to have a high BAC to be charged: a police officer may arrest and charge you with DUI if you fail sobriety tests or appear to be under the influence or unable to control your vehicle:

  • Driving patterns can be used
  • Performance in field sobriety tests is used
  • Physical appearance, such as blood shot eyes

Also keep in mind that Montana DUI laws also state that if you are under 21 years of age and have a BAC level of .02 or higher, you will be charged with DUI. If your BAC level is .18 you will face enhanced penalties. An ignition interlock device may be required. Increased fines and up to a 12 month period of driver's license revocation may be required.

If you have failed any of these tests, contact a Montana DUI lawyer right away to fight the charges.

Implied Consent Laws

In the state of Montana, driving on roadways means you are agreeing to take a chemical test if a police officer requires one. This falls under the state's Implied Consent laws.

If you refuse to take a chemical test, you will have your license immediately suspended for 6 months. If you refuse more than one time for subsequent arrests, you will lose your driver's license for at least 1 year and there is the potential of a required ignition interlock device being required.

1st Offense of Montana DUI Laws

A first offense is likely to result in the following Montana DUI Penalties:

  • Minimum of 1 day up to 6 months in JAIL
  • Fines from $300 up to $1000 are likely
  • If you have a child under the age of 16 in the vehicle, this increases fines to $2000 and you will spend at least 2 days, up to 12 months in jail
  • Driver's license suspension for 6 months in all cases
  • Charged with a misdemeanor

2nd Offense of Montana DUI Laws

The second offense of these laws is one in which you have been convicted a second time of DUI. Montana does not have a listed look back period, which means that any second offense can be charged as such.

  • Fines from $600 to $1000
  • A minimum of 7 days up to 6 months in jail
  • If you have a child in the vehicle with you, jail time and fines are doubled
  • Chemical dependency treatment programs can reduce jail time and fines
  • Ignition interlock device at your expense installed on vehicle for a probationary period
  • 1 year driver's license suspension
  • Vehicle Forfeiture
  • Charged with a misdemeanor

3rd Offense of Montana DUI Laws

A third violation may result in the following Montana DUI penalties:

  • 30 days minimum in jail, up to a year
  • Fines up to $5000
  • If there are children in the vehicle, the jail time and fines are doubled
  • Ignition interlock device is often installed
  • Driver's license suspension for at least one year
  • Vehicle forfeiture
  • Charged with a misdemeanor

Note: A Fourth Conviction is a Felony! You could go to jail for 5 years.

Hire a Montana DUI Lawyer

Since these rules are so harsh, it is imperative that anyone charged with DUI in Montana see professional legal advice from an experienced Montana DUI lawyer. They may be able to get the charges reduced or even dropped. In some instances, they can reduce jail time, fines and suspensions.

Contact Montana Drunk Driving Attorneys


Contact our Attorneys to get more information about Drunk Driving in Montana:

  • Belgrade
  • Billings
  • Bozeman
  • Butte
  • Columbia Falls
  • Great Falls
  • Hamilton
  • Havre
  • Helena
  • Kalispell
  • Laurel
  • Libby
  • Livingston
  • Miles City
  • Missoula
  • Polson
  • Whitefish
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