Montana DUI Laws – 1st Offense
First offense results in a driver’s license suspension for 6 months, fines from $300-$1000 ($600-$2000 with passenger under 16), and a jail term from 24 hours to 6 months (48 hours to 12 months with passenger under 16). Chemical Dependency Education course must be completed. Court may order Ignition Interlock device and/or probationary license.
Montana DUI Laws – 2nd Offense
Second offense results in a driver’s license suspension for 1 year, fines from $600-$1000 ($1,200-$2,000 with passenger under 16), and a jail term from 7 days to 6 months (14 days to 12 months with passenger under 16). Chemical Dependency Education course must be completed. Vehicle may be subject to forfeiture. Probationary license available after 45 days with installation of Ignition Interlock device at offender’s expense.
Montana DUI Laws – 3rd Offense
Third offense results in a driver’s license suspension for 1 year, fines from $1,000-$5000 ($2,000-$10,000 with passenger under 16), and a jail term from 30 days to 1 year (60 days to 12 months with passenger under 16). Chemical Dependency Education course must be completed. Vehicle may be subject to forfeiture. Probationary license available after 45 days with installation of Ignition Interlock device at offender’s expense.
Montana DUI Laws – 4th Offense
Fourth offense results in a driver’s license suspension for 5 years, fines up to $10,000, and a jail term for up to 13 months. Chemical Dependency Education course must be completed. Vehicle may be subject to forfeiture. Offender not allowed to have alcohol or be in bars.
Montana DUI Laws – Implied Consent Laws
Anyone driving a vehicle in Montana has given implied consent to submit to a BAC test. Refusal results in a mandatory 6 month to 1 year license suspension and is admissible in court.
Montana DUI Laws – “Per se” BAC Level
The per se BAC level in Montana is .08% meaning anyone driving a vehicle with a BAC of .o8% or over can be charged with dui regardless of driving performance. Drivers with a BAC of .04% or over can also be charged if other competent evidence exists.
Montana DUI Laws – “Zero Tolerance” BAC Level
The zero tolerance BAC level in Montana is .o2%. Anyone under the age of 21 driving with a BAC of .02% or greater can be charged with DUI.
Montana DUI Laws – “Enhanced Penalty” BAC Level
There are enhanced penalties in Montana for driving with a passenger under the age of 16 in the vehicle at time of arrest.
