Montana DUI Laws and Penalties
Explained
When facing a DUI (Driving Under the Influence) charge in Montana, comprehensive understanding of the state's DUI laws and penalties is essential for effectively managing your legal proceedings.
Montana DUI laws are strict, with serious consequences for those convicted, including financial penalties, license suspension, and potential incarceration. This guide provides a thorough examination of DUI penalties in Montana to help you stay well-informed and prepared.
An Overview of Montana DUI Laws
Montana DUI laws are governed by MCA 61-8-401, which prohibits operating or maintaining actual physical control of a motor vehicle while impaired by alcohol or controlled substances. The state enforces strict penalties for DUI violations, with consequences that increase substantially for repeat offenders.
According to Montana law, DUI (Driving Under the Influence) of alcoholic beverages, chemical substances, or controlled substances constitutes a single offense, proven by impairment of normal abilities or an unlawful blood alcohol or breath alcohol concentration of 0.08 or higher.
Montana follows an "implied consent" law, meaning that operating a vehicle on Montana roads automatically indicates your consent to chemical testing if lawfully arrested for DUI. Refusing to submit to testing results in automatic license suspension and may be used as evidence against you in court proceedings.
An Overview of Montana DUI Penalties
According to Montana law (MCA 61-8-401), DUI penalties may include significant fines, potential incarceration, license suspension, and mandatory ignition interlock device installation, with severity determined by your criminal history and specific case circumstances.
These consequences can profoundly affect your driving privileges, career opportunities, and financial stability. Whether you're researching general information or confronting DUI charges, it's essential to understand Montana's stringent laws and the progressive penalties that accompany each offense.
Specific Penalties for a DUI in Montana
Montana DUI Fine Schedule
In Montana, DUI fines increase with each offense. Penalties become substantially higher when your blood alcohol concentration is 0.16 or above or when a minor was present in the vehicle during arrest. These situations are considered especially hazardous.
The state employs financial penalties to underscore the seriousness of impaired driving. Repeat offenders encounter significantly higher fines as a deterrent to prevent patterns of dangerous behavior and protect public safety.
First Conviction
Second Conviction
Third Conviction
Fourth+ Conviction
Montana Imprisonment Terms
Montana enforces stricter incarceration sentences for each DUI conviction. A first offense may result in up to one year of incarceration, but higher blood alcohol concentrations or aggravating circumstances can increase that penalty.
Repeat offenses result in mandatory minimum incarceration periods. The law also mandates that certain incarceration time be served consecutively to ensure the offender cannot easily avoid the sentence.
First Conviction
- Up to 6 months imprisonment
- Enhanced penalties for high BAC
Second Conviction
- 5 days to 1 year imprisonment
- Enhanced penalties for repeat offense
Third Conviction
- 30 days to 1 year imprisonment
- Felony charges possible
Fourth+ Conviction
- Felony: 13 months to 5 years imprisonment
- Habitual offender classification possible
Montana Vehicle Impoundment/Immobilization
Montana law may mandate the offender's vehicle be impounded following certain DUI convictions. The length depends on the specific circumstances and previous offenses.
This penalty acts as a deterrent by restricting the offender's immediate ability to drive again. Vehicle impoundment or forfeiture may be ordered, particularly for repeat offenders or when the vehicle was used in the commission of the offense.
Unless the family has no other transportation:
Montana Driver License Revocation Periods
Having your driver's license revoked in Montana after a DUI is standard procedure, and the duration depends on the offense specifics. First offenses typically result in a suspension lasting 90 days, but that timeframe increases significantly for repeat offenses.
Multiple offenses result in much longer revocations. After a fourth conviction, the state revokes your license for five years. In certain cases, you may apply for limited driving privileges after serving a minimum period, but this is not guaranteed.
First Offense
- • 6 months suspension
- • Enhanced: Test refusal: 6 months suspension
Second Offense
- • 1 year suspension
- • Enhanced: Test refusal: 1 year suspension
Third Offense
- • 1 year suspension
- • Enhanced: Test refusal: 18 months suspension
Fourth+ Offense
- • 1 year to lifetime revocation
- • Enhanced: Test refusal: Lifetime revocation
Serious DUI Offenses in Montana
Montana classifies DUI-related fatalities as serious felonies. DUI manslaughter can result in up to 15 years in prison and a substantial fine. If the driver leaves the scene, the charge becomes even more severe.
Vehicular homicide follows a similar pattern. These cases illustrate how Montana distinguishes common DUI charges from those involving loss of life. The legal consequences reflect the permanent damage caused by one reckless decision.
DUI Manslaughter
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Vehicular Homicide
- Second degree felony
- Up to $10,000 fine and/or 15 years imprisonment
Montana Ignition Interlock Law and Device Guidelines
Montana law requires ignition interlock devices for certain DUI convictions. The requirements vary based on the offense level and blood alcohol content at arrest. First-time offenders with a BAL of 0.16 or higher must install an ignition interlock device for one year, while those with lower BAC levels require six months.
Repeat offenders face mandatory ignition interlock requirements ranging from two to four years, depending on their BAL and conviction history. The device must be installed by a state-approved provider and requires regular maintenance and monitoring.
All costs associated with the ignition interlock device, including installation, monthly monitoring fees, and removal, are the responsibility of the offender. Tampering with or circumventing the device constitutes a separate criminal offense.
For complete statutory language and the most current information, please refer to:
MCA 61-8-401Montana Motor Vehicle Division
About Low Cost Interlock
Low Cost Interlock is a premiere provider of ignition interlock devices in Montana. Our ignition interlock services are designed to make the ignition interlock program easy and convenient for you, ensuring that you complete your interlock obligations without hassle. Our system has been tested to ensure reliability in an affordable, easy-to-use design.
