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Montana DUI Laws


Montana DUI Laws specify a blood alcohol content of 0.04% as potential driving under influence based on the situation.

However, if you have reached the BAC limit of 0.08% or more, then it is already considered as DUI.

For minors under 21, a BAC of 0.02% or more will constitute an arrest, as well as for commercial drivers with BAC of 0.04% or more. Driving in the state of Montana while intoxicated with alcohol and/or drugs will also warrant an arrest.

When an officer pulls you over and requests you to take the Preliminary Alcohol Screening test (PAS), you are bound under the implied consent law, which is mandated in all the states across the country. You can refuse to take the test, but this will warrant to an automatic suspension of your driver’s license.

During the hearing, the Montana Department of Transportation will also impose a higher driving license suspension for refusal to take the said test.

Upon arrest you will be filed with two charges within the state. Montana DUI Laws stipulate a criminal court case and a Department of Transportation hearing. For the latter case, you have to employ a DUI lawyer to help you request for a hearing within a given period of time before your driver’s license will be suspended.

Sanctions are imposed by the court and the Department of Transportation is in charge of imposing the license suspension. Here are the sanctions based on the DUI frequency:

1. First DUI conviction – jail time of 24 hours to 6 months, fines from $300 to $1,000, and license suspension of 6 months, refusal to take the PAS test during arrest will increase the suspension to 1 year;
2. Second DUI conviction – jail time of 7 days to 6 months, fines from $600 to $1,000, and license suspension of 1 year; and
3. Third DUI conviction – jail time of 30 days to 1 year, fines from $1,000 to $5,000, and license suspension of 1 year.

During instances where you are carrying a minor under 16 during your arrest or there are other aggravating factors, your jail time and fines will be increased to almost double. For license suspension, you can apply for a probationary license once you have rendered a certain number of days in your suspension provided that you install an ignition interlock device in your vehicle at your own expense.

For repeat offenses, you will be required to attend a comprehensive chemical dependency education course and the possibility of vehicle impoundment and forfeiture.