DWI/DUI/OUI - Drunk Driving Laws And Attorneys In Montana
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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The alcohol concentration limit in Montana is .08, with the number
referring to grams of alcohol per 100 milliliters of blood or grams of
alcohol per 210 liters of breath. For drivers under the age of 21 it is .02. It
is also illegal to operate of commercial vehicle by person with alcohol
concentration of 0.04 or more. Drivers in Montana are considered to
have given consent to blood or breath tests to determine the presence of
alcohol or drugs. An arrested person may refuse to submit to such a
test, but Montana law then allows a peace officer to seize the driver's
license. The license may then be suspended or revoked and the length
of the suspension depends on whether it is a first refusal or second or
subsequent refusal.
Court Penalties
61-8-410. Operation of vehicle by person under twenty-one with
alcohol concentration of 0.02 or more.
(1) It is unlawful for a person under the age of 21 who has an alcohol
concentration of 0.02 or more to drive or be in actual physical control of a
vehicle upon ways of this state open to the public. Absolute liability, as
provided for in 45-2-104, is imposed for a violation of this section.
(2) Upon a first conviction under this section, a person shall be
punished by a fine of not less than $100 or more than $500.
(3) Upon a second conviction under this section, a person shall be
punished by a fine of not less than $200 or more than $500 and, if the
person is 18 years of age or older, by incarceration for not more than 10
days.
(4) Upon a third or subsequent conviction under this section, a person
shall be punished by a fine of not less than $300 or more than $500
and, if the person is 18 years of age or older, by incarceration for not
less than 24 consecutive hours or more than 60 days.
(5) In addition to the punishment provided in this section, regardless of
disposition:
(a) the person shall comply with the chemical dependency education
course and chemical dependency treatment provisions in 61-8-732 as
ordered by the court; and
(b) the department shall suspend the person's driver's license for 90
days upon the first conviction, 6 months upon the second conviction, and
1 year upon the third or subsequent conviction. A restricted or
probationary driver's license may not be issued during the suspension
period until the person has paid a license reinstatement fee in
accordance with 61-2-107 and, if the person was under the age of 18 at
the time of the offense, has completed at least 30 days of the
suspension period.
(6) A conviction under this section may not be counted as a prior
conviction under 61-8-401 or 61-8-406.
61-8-714. Penalty for driving under influence of alcohol or drugs --
first through third offense.
(1) Except as provided in subsection (4), a person convicted of a
violation of 61-8-401 shall be punished by imprisonment for not less
than 24 consecutive hours or more than 6 months and by a fine of not
less than $300 or more than $1,000, except that if one or more
passengers under 16 years of age were in the vehicle at the time of the
offense, the person shall be punished by imprisonment for not less than
48 consecutive hours or more than 12 months and by a fine of not less
than $600 or more than $2,000. The initial 24 hours of the imprisonment
term must be served and may not be served under home arrest. The
mandatory imprisonment sentence may not be suspended unless the
judge finds that the imposition of the imprisonment sentence will pose a
risk to the person's physical or mental well-being. Except for the initial
24 hours of the imprisonment term, notwithstanding 46-18-201(2), the
imprisonment sentence may be suspended for a period of up to 1 year
pending successful completion of court-ordered chemical dependency
assessment, education, or treatment by the person.
(2) Except as provided in subsection (4), on a second conviction, the
person shall be punished by a fine of not less than $600 or more than
$1,000 and by imprisonment for not less than 7 days or more than 6
months, except that if one or more passengers under 16 years of age
were in the vehicle at the time of the offense, the person shall be
punished by a fine of not less than $1,200 or more than $2,000 and by
imprisonment for not less than 14 days or more than 12 months. At
least 48 hours of the imprisonment term must be served and served
consecutively and may not be served under home arrest. The imposition
or execution of the first 5 days of the imprisonment sentence may not be
suspended. Except for the initial 5 days of the imprisonment term,
notwithstanding 46-18-201(2), the imprisonment sentence may be
suspended for a period of up to 1 year pending successful completion
of a chemical dependency treatment program by the person.
(3) Except as provided in subsection (4), on the third conviction, the
person shall be punished by imprisonment for a term of not less than
30 days or more than 1 year and by a fine of not less than $1,000 or
more than $5,000, except that if one or more passengers under 16
years of age were in the vehicle at the time of the offense, the person
shall be punished by imprisonment for a term of not less than 60 days
or more than 12 months and by a fine of not less than $2,000 or more
than $10,000. At least 48 hours of the imprisonment term must be
served and served consecutively and may not be served under home
arrest. The imposition or execution of the first 10 days of the
imprisonment sentence may not be suspended. The remainder of the
imprisonment sentence may be suspended for a period of up to 1 year
pending successful completion of a chemical dependency treatment
program by the person.
(4) If the person has a prior conviction under 45-5-106, the person shall
be punished as provided in 61-8-731 for a fourth or subsequent offense
of driving under the influence of alcohol or drugs or with an excessive
alcohol concentration.
61-8-440. Ignition interlock device -- assisting in starting and
operating -- circumventing -- penalty.
(1) It is unlawful for a person who is subject to a restriction under
61-8-442 to operate a motor vehicle not equipped with an ignition
interlock device.
(2) A person may not knowingly assist a person who is restricted to the
use of an ignition interlock device to start and operate the restricted
person's vehicle.
(3) A person may not knowingly circumvent the operation of an ignition
interlock device.
(4) A person convicted of a violation of this section shall be punished by
a fine of not more than $500 or by imprisonment for not more than 6
months or both.
(5) This section does not apply if:
(a) the starting of a motor vehicle or the request to start a motor vehicle
equipped with an ignition interlock device is done for the purpose of
safety or mechanical repair of the device or the vehicle; and
(b) the person subject to the restriction does not operate the vehicle.
referring to grams of alcohol per 100 milliliters of blood or grams of
alcohol per 210 liters of breath. For drivers under the age of 21 it is .02. It
is also illegal to operate of commercial vehicle by person with alcohol
concentration of 0.04 or more. Drivers in Montana are considered to
have given consent to blood or breath tests to determine the presence of
alcohol or drugs. An arrested person may refuse to submit to such a
test, but Montana law then allows a peace officer to seize the driver's
license. The license may then be suspended or revoked and the length
of the suspension depends on whether it is a first refusal or second or
subsequent refusal.
Court Penalties
61-8-410. Operation of vehicle by person under twenty-one with
alcohol concentration of 0.02 or more.
(1) It is unlawful for a person under the age of 21 who has an alcohol
concentration of 0.02 or more to drive or be in actual physical control of a
vehicle upon ways of this state open to the public. Absolute liability, as
provided for in 45-2-104, is imposed for a violation of this section.
(2) Upon a first conviction under this section, a person shall be
punished by a fine of not less than $100 or more than $500.
(3) Upon a second conviction under this section, a person shall be
punished by a fine of not less than $200 or more than $500 and, if the
person is 18 years of age or older, by incarceration for not more than 10
days.
(4) Upon a third or subsequent conviction under this section, a person
shall be punished by a fine of not less than $300 or more than $500
and, if the person is 18 years of age or older, by incarceration for not
less than 24 consecutive hours or more than 60 days.
(5) In addition to the punishment provided in this section, regardless of
disposition:
(a) the person shall comply with the chemical dependency education
course and chemical dependency treatment provisions in 61-8-732 as
ordered by the court; and
(b) the department shall suspend the person's driver's license for 90
days upon the first conviction, 6 months upon the second conviction, and
1 year upon the third or subsequent conviction. A restricted or
probationary driver's license may not be issued during the suspension
period until the person has paid a license reinstatement fee in
accordance with 61-2-107 and, if the person was under the age of 18 at
the time of the offense, has completed at least 30 days of the
suspension period.
(6) A conviction under this section may not be counted as a prior
conviction under 61-8-401 or 61-8-406.
61-8-714. Penalty for driving under influence of alcohol or drugs --
first through third offense.
(1) Except as provided in subsection (4), a person convicted of a
violation of 61-8-401 shall be punished by imprisonment for not less
than 24 consecutive hours or more than 6 months and by a fine of not
less than $300 or more than $1,000, except that if one or more
passengers under 16 years of age were in the vehicle at the time of the
offense, the person shall be punished by imprisonment for not less than
48 consecutive hours or more than 12 months and by a fine of not less
than $600 or more than $2,000. The initial 24 hours of the imprisonment
term must be served and may not be served under home arrest. The
mandatory imprisonment sentence may not be suspended unless the
judge finds that the imposition of the imprisonment sentence will pose a
risk to the person's physical or mental well-being. Except for the initial
24 hours of the imprisonment term, notwithstanding 46-18-201(2), the
imprisonment sentence may be suspended for a period of up to 1 year
pending successful completion of court-ordered chemical dependency
assessment, education, or treatment by the person.
(2) Except as provided in subsection (4), on a second conviction, the
person shall be punished by a fine of not less than $600 or more than
$1,000 and by imprisonment for not less than 7 days or more than 6
months, except that if one or more passengers under 16 years of age
were in the vehicle at the time of the offense, the person shall be
punished by a fine of not less than $1,200 or more than $2,000 and by
imprisonment for not less than 14 days or more than 12 months. At
least 48 hours of the imprisonment term must be served and served
consecutively and may not be served under home arrest. The imposition
or execution of the first 5 days of the imprisonment sentence may not be
suspended. Except for the initial 5 days of the imprisonment term,
notwithstanding 46-18-201(2), the imprisonment sentence may be
suspended for a period of up to 1 year pending successful completion
of a chemical dependency treatment program by the person.
(3) Except as provided in subsection (4), on the third conviction, the
person shall be punished by imprisonment for a term of not less than
30 days or more than 1 year and by a fine of not less than $1,000 or
more than $5,000, except that if one or more passengers under 16
years of age were in the vehicle at the time of the offense, the person
shall be punished by imprisonment for a term of not less than 60 days
or more than 12 months and by a fine of not less than $2,000 or more
than $10,000. At least 48 hours of the imprisonment term must be
served and served consecutively and may not be served under home
arrest. The imposition or execution of the first 10 days of the
imprisonment sentence may not be suspended. The remainder of the
imprisonment sentence may be suspended for a period of up to 1 year
pending successful completion of a chemical dependency treatment
program by the person.
(4) If the person has a prior conviction under 45-5-106, the person shall
be punished as provided in 61-8-731 for a fourth or subsequent offense
of driving under the influence of alcohol or drugs or with an excessive
alcohol concentration.
61-8-440. Ignition interlock device -- assisting in starting and
operating -- circumventing -- penalty.
(1) It is unlawful for a person who is subject to a restriction under
61-8-442 to operate a motor vehicle not equipped with an ignition
interlock device.
(2) A person may not knowingly assist a person who is restricted to the
use of an ignition interlock device to start and operate the restricted
person's vehicle.
(3) A person may not knowingly circumvent the operation of an ignition
interlock device.
(4) A person convicted of a violation of this section shall be punished by
a fine of not more than $500 or by imprisonment for not more than 6
months or both.
(5) This section does not apply if:
(a) the starting of a motor vehicle or the request to start a motor vehicle
equipped with an ignition interlock device is done for the purpose of
safety or mechanical repair of the device or the vehicle; and
(b) the person subject to the restriction does not operate the vehicle.
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