DUI Laws in Montana

Learn some key facts about DUI in Montana.

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.

(Take a look at our BAC chart to get an approximation of how many drinks it takes to get to the legal limit.)

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?

For a person who's accused of driving under the influence in Montana, it's possible to "plea bargain" for a reduced charge. When such a plea deal is for a reckless driving charge, it's sometimes called a "wet reckless."

(Learn more about plea bargaining in Montana DUI cases and the consequences of a Montana reckless driving conviction.)

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

A court may require an ignition interlock device (IID) for a first offense, but must require an IID for second or 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.

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