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DUI in Montana

DWI in Montana

You have been arrested for driving under the influence (DUI) and you are scared and unsure of what to do. A Montana DUI lawyer can help. DUI lawyer are familiar with Montana DUI laws and understand how to navigate the legal process. Do not try to do this a lone. DUI attorneys can review your DUI charge, file all of the necessary DUI forms and prepare your DUI defense.

A DUI conviction can be very serious and can result in:

  • License suspension
  • High court costs and penalties
  • Increased insurance cost
  • Mandatory installation of an Ignition Interlock Device
  • Mandatory attendance in a drug and alcohol rehabilitation program

DUI in Montana
Montana drivers who drive under the influence of alcohol, drugs or a combination of drugs and alcohol and who are mentally or physically incapable of safely operating the vehicle can be arrested and charged with a DUI or "driving under the influence".

Drivers also can be arrested for DUI if their BAC or blood alcohol concentration is 0.08% or more. If a driver's BAC is over the legal limit a police officer does not have evidence the driver is impaired to arrest them.

Commercial drivers also can be arrest for DUI if their BAC is equal or greater to 0.04% or more. If a commercial driver is convicted of a DUI, they can lose their commercial license for up to 1 year for the first offense and for life following subsequent DUI convictions. Drivers who are under the age of 21 can be arrested for DUI if their BAC is 0.02% or more.

Penalties for DUI in Montana
General information is provided below about possible penalties for DUI in Montana. Every driver's DUI case is different. It is important to discuss your DUI case with a qualified Montana DUI lawyer.

First DUI Offense

  • Required jail stay for a minimum of 24 consecutive hours with a maximum of 6 months, drivers with a passenger under the age of 16 must serve at least 48 hours to 1 year in jail
  • Required to pay a minimum fine of $300 with a maximum up to $1,000, if the driver is arrested with a passenger who is under the age of 16 in the car the fine can be $600 - $2,000
  • Mandatory driving suspension of 6 months
  • Mandatory attendance and completion of a drug and alcohol treatment program
  • Mandatory installation of an Ignition Interlock Device is possible

Second DUI Offense

  • Required jail stay for a minimum of 7 days with a maximum of 6 months, drivers with a passenger under the age of 16 in the car must serve at least 14 days to a maximum of 1 year
  • Required to pay a minimum fine of $600 up to a maximum of $1,000, if the driver is arrested with a passenger who is under the age of 16 in the car the fine can be $1,200 - $2,000
  • Mandatory driving suspension for 1 year
  • Potential vehicle seizure and Ignition Interlock Device
  • Mandatory attendance and completion of a drug and alcohol treatment program

Third DUI Offense

  • Required jail stay for a minimum of 30 days with a maximum of 1 year, drivers with a passenger under the age of 16 in the car may serve a minimum of 60 days in jail with a maximum up to 1 year
  • Required to pay a minimum fine of $1,000 up to a maximum of $5,000, the driver is arrested with a passenger who is under the age of 16 in the car the fine can be $2,000 - $10,000
  • Mandatory driving suspension for 1 year
  • Potential vehicle seizure and Ignition Interlock Device
  • Mandatory attendance and completion of a drug and alcohol treatment program

Fourth DUI Offense
Felony Offense

  • Required 13 months in a correction facility up to a maximum of 5 years.
  • Required probation- which includes not drinking, not operating a car without authorization, alcohol treatment and random alcohol and drug tests
  • Required to pay a minimum fine of $1,000 up to a maximum of $10,000, if the driver is arrested with a passenger who is under the age of 16 in the car the fine can be $2,000 - $10,000
  • Mandatory driving suspension for 1 year with a vehicle seizure and Ignition Interlock Device installation

Hiring a Montana criminal defense lawyer
No driver is required to hire a Montana criminal defense attorney, but a professional lawyer has the knowledge and skills to build a defense for a DUI charge. A DUI lawyer can review all of the details of a driver's DUI case including the amount of alcohol consumed, the conditions of the road, medications they were taking and the methodology used for the blood alcohol test. The Montana DUI attorney will work to get the charges reduced or the DUI case dismissed. Be wary of DUI lawyers who guarantee results. Guaranteeing a dismissal is impossible.