Montana DUI / DWI Lawyers

Montana Drunk Driving Fines & Penalties

In Montana it is unlawful to drive under the influence of alcohol or drugs or operate a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or greater. A Montana DUI is a serious charge. A conviction can affect your finances and freedom and leave you with a permanent record which can impact the rest of your life. If you have been arrested for DUI it is highly recommended that you seek the advice of a Montana DUI attorney to make sure you get the most accurate legal information and help resolving your case.

1st Offense 2nd Offense 3rd Offense
Jail 2 days to 6 months 7 days to 6 months 30 days to 1 year
Fines and Penalties $300 to $1,000 $600 to $1,000 $1,000 to $5,000
License Suspension 6 months 1 year 1 year
IID** Required Possible Yes Yes
  • Note: A 4th drunk driving conviction in the State of Montana is a felony, the convicted driver could receive up to 5 years in jail and a $10,000 fine.

First Offense DUI in Montana

  • First offense DUI in Montana results in an administrative license suspension of six (6) months
  • On a case-specific basis, ignition interlocks may be required for first offenders wishing to reinstate their license in Montana, and in addition, offenders may be able to obtain a probationary license during the suspension period, likely incurring the conditional use of an ignition interlock device
  • Completion of an alcohol/substance use dependency assessment and education course required for all suspension reinstatements as well, often a feature of the criminal penalties in any case

Second Offense DUI in Montana

A second offense DUI is a misdemeanor in Montana, because it is punishable by six months in jail, or twelve months if a passenger in the car is 16 years old or younger.A Montana court can sentence a second DUI offender to a minimum of seven days and a maximum of six months in prison. However, this sentence can be suspended if the offender attends alcohol treatment. Additionally, it can fine the offender between $600-1,000. If a passenger is 16 years old or younger, the court can punish the offender to no less than 14 days and no more than 12 months in prison and fine them between $1,200-2,000.

Third Offense DUI in Montana

A third DUI offense in Montana carries the following administrative penalties:

  • $1,000 to $5,000 fine if all vehicle passengers are over 16 years old
  • $2,000 to $10,000 if any vehicle passenger is under 16 years old
  • Interlock device
  • Driver’s license suspended for 1 year
  • Vehicle seizure

The driver’s license suspension can be reduced to 45 days and vehicle seizure avoided if the person meets 2 requirements.

  • Pays for leasing, installation and maintenance of an Ignition Interlock Device
  • Completes a chemical dependency treatment program

The criminal penalties include the following:

  • Minimum jail time of 30 days if all passengers are over 16 years old
  • Minimum jail time of 60 days if any passenger under 16 years old
  • Sentence of up to 1 year in jail

All but 10 days of the jail sentence may be suspended if the person completes the chemical dependency treatment program.

The state of Montana has a look back period of 10 years. This means that any DUI conviction in the last 10 years will be considered when determining the level of offense.

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