DUI Laws in Montana

Learn the key facts about DUI in Montana.

Related Ads

Need Professional Help? Talk to a Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

In Montana, you can get a DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in Montana says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Montana and other details about Montana DUI law.

In Montana, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?

Here are the consequences for not taking a breathalyzer or blood test in Montana, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

6 month license suspension

1 year license suspension

1 year license suspension

 

In Montana, when do police have to measure your blood alcohol content (BAC)?

In Montana, law enforcement officers are supposed to measure your BAC at the time of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in Montana?

In Montana, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%.

What are the minimum jail times for a DUI in Montana?

Here are the minimum jail times for a DUI in Montana, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

1 day jail

5 days jail

10 days jail

 

How long will prior DUI convictions remain relevant for sentencing purposes in Montana?

In Montana, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for 5 years.

Can a DUI be “pleaded down” to a "wet reckless" in Montana?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in your state, but it's possible a lawyer may be able to create a plea bargain for you.

If you are interested in contacting a lawyer, you can find a DUI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DUI offenders in Montana?

A court may require an ignition interlock device for a first offense, but MUST require an ignition interlock device for second and subsequent offenses.

Where can I get more information about DUI laws in Montana?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of Montana DUI attorneys in your area.

Last updated on 09/01/2010.

Talk to a DUI Lawyer

Start here to find lawyers near you.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO4:DRU.1.6.2.20140813.27175