Montana DUI Laws & Attorneys
Even if your case isn't just about impaired driving, these MT DUI lawyers will give you a hand on the phone free! - Give them a call, or visit their website, and please let them know you found them at Got-DUI-Help.com. Thanks!
The Montana state motto is “Freedom Under the Restraint of the Law”. Get popped for a Montana DUI and your freedom is definitely going to be restrained under the law.
Generally, there are two ways for the prosecutor to prove a Montana DUI (driving under the influence) case. One is by proving a blood alcohol content (BAC) of .08% which makes the assumption that the driver is impaired. Secondly, if law enforcement finds your BAC to register between .04% to .08% you may still be charged with DUI when other evidence leads to the conclusion that you are ‘legally drunk’ and/or ‘under the influence’ of drugs and a less than safe driver via an officer's subjective observations. This includes manner of driving, field sobriety tests, the smell of alcohol, blood shot, watery eyes, loss of coordination, and general attitude
Montana DUI law states that everyone who drives in Montana not only has given ‘implied consent’ for blood alcohol content (BAC) tests, but also to a Preliminary Alcohol Screening Test (PAS) for estimating the driver’s alcohol concentration when stopped. Refusal to take the PAS or the BAC test provides a ‘consciousness of guilt’ which is admissible in court and can also result in a license suspension for up to one year.
Be advised that you have the right to a second test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Montana DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding privacy of medical records.
If you haven’t been drinking and you believe that you might have ingested or inhaled alcohol based paints, solvents, or other ‘benign sources’ such as mouthwash, prescription or over the counter drugs, be aware that you can still be arrested for driving in an impaired or unsafe manner, even if you are not ‘legally drunk’ under Montana DUI law.
If you have been arrested for a Montana DUI the law enforcement officer will confiscate your license immediately if you refuse to submit to chemical testing or your chemical test result shows a BAC of .08% or more. You will then be issued a temporary license by law enforcement.
When charged with a Montana DUI you are going to face two gauntlets. One is the Montana criminal courts system and the other is a Montana Department of Justice, Motor Vehicles Division Drivers Services hearing. You have the right to challenge a driver’s license revocation in a district court by petitioning for judicial review within 30 days from the date of your arrest.
Be advised that recent statistics report that out of 2,216 persons who refused a BAC test, 100% of the individuals had licenses either suspended or revoked. The penalties for refusing a BAC are worse than the penalties resulting from a first Montana DUI offense.
The court and administrative penalties may seem similar, but they are separate, and may run concurrently (at the same time) with criminal penalties. Unlike a criminal case the defendant has the burden to prove their innocence.
Across the country, DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have correct and current knowledge contact a Montana DUI specialist. In any case, when you are stopped and arrested for suspicion of a DUI, request to see a Montana DUI attorney, immediately.
-- Info You Should Know --
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a Montana DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Montana DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Montana DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Montana DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles and Montana DUI charges should be taken very seriously. Montana DUI convictions and penalties can be long lasting and severe, both in court and with the Montana Department of Justice, Motor Vehicles Division which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A Montana DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
What’s A Montana DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving under the influence is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a Montana DUI attorney might save them thousands of dollars in the years to come.
When considering consulting a Montana DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What Are Court Costs?
Additional costs outside of the fine for court or administrative services. They are regulated by state penal or vehicle code(s) violated and they can be costly.
What if I Refused To Take a BAC (blood alcohol content) Test?
If you refuse to take requested breath, urine, or blood tests your license will be suspended.
To plead your case to save your driving privilege you must file a written request within 10 days for a hearing to the Montana Department of Justice, Motor Vehicles Division Drivers Services. This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
It is next to impossible to plea bargain a Montana drunk driving charge without an experienced Montana DUI lawyer. Often effective DUI counsel will be able to negotiate a plea to a lesser charge.
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced Montana DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a Montana DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Montana DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Montana Department of Justice and the Criminal Courts Double Jeopardy?
Like most states, Montana law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. The Montana Department of Justice administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Be advised that Montana and most states have an out-of-state Driver’s License Compact Agreement, meaning that Montana DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Montana DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors. These convictions include any previous Montana administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program, have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
What Is A 5 Year Purge Period?
This period goes back 5 years which means that a DUI offense committed within 5 years can be used to enhance penalties for a present DUI as it counts as a ‘prior’ offense and can increase penalties.
What About Punishments For Multiple or Aggravated Montana DUI Convictions?
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for multiple Montana DUI convictions will get very heavy. This can include thousands of dollars in fines, mandatory years of imprisonment, massive restitution, a loss of license and vehicles for years, if not permanently. We strongly recommend retaining an experienced Montana DUI attorney in order to secure the best possible outcome of a potentially severe situation.
– Montana Criminal Penalties –
1st Offense with a BAC Between .04% To .08%
1 day to maximum 6 months in jail.
$300 minimum to $1,000 fine.
Possible attendance in a chemical dependency program.
1st Offense with a BAC of .08% or Higher
$300 minimum fine.
1 day to maximum 6 months in jail.
6 months suspension of driver’s license.
Fines and jail may be doubled if transporting a passenger under the age of 16 years.
2nd Offense
$600 to $1,000 in fines.
7 days to 6 months in jail.
14 days to 12 months in jail and $1,200 to $2,000 in fines for minor passenger (under 16) in vehicle
1 year license suspension.
Vehicle may be forfeited on the 2nd or subsequent DUI.
Some jail time may be suspended upon completion of substance abuse treatment program.
Possible installation of an ignition interlock device.
3rd Offense
30 days to 1 year in jail.
$1,000 to $5,000 in fines.
60 days up to a maximum of 1 year in jail and $2,000 to $10,000 in fines for minor passenger.
Possible installation of an ignition interlock device.
1 year loss of license.
Possible vehicle forfeiture on the 2nd or subsequent DUI.
4th Offense
A felony.
Up to 5 years in jail.
13 months residential alcohol/substance abuse program.
Up to $10,000 in fines.
"Home arrest" possible in lieu of jail.
Possible Victim Impact Panel attendance.
Possible vehicle forfeiture.
Multiple or Aggravated Offender
2 days to 1 year in jail.
$5,000 in fines.
Passenger under the age of 16 at the time of the arrest:
2 days to 1 year maximum in jail, $600 to $2,000 in fines for minor passenger.
6 months driver’s license suspension.
Multiple offender with a BAC of .08% or higher:
Minimum $5,000 in fines.
Up to 6 months in jail.
Underage DUI with a BAC of .02% or Higher
1st offense: $100 to $500 fine; 90 days license suspension.
2nd offense: $200 to $500 fine; 6 months license suspension; up to 10 days in jail if over 18 years old.
3rd offense: $300 to $500 fine, 1 year license suspension, up to 60 days in jail
$200 license reinstatement fee is required.
Attendance in an alcohol treatment program.
Minor In Possession of Alcohol
1st offense 90 days license suspension.
2nd offense 6 months suspension.
Substance abuse program.
3 months to 1 year loss of license for non-completion of substance abuse course.
– Montana DUI Administrative Penalties –
DUI Offense/Refusal of BAC Test
6 months license suspension for 1st DUI offense.
1 year suspension for 2nd offense within 5 years.
6 months suspension for 1st refusal of BAC test.
1 year license suspension for subsequent refusals within 5 years.
Conditional license is possible.
An offender who refuses a breath test becomes ineligible for parole/probation.
Ignition interlock installation in vehicle for 1st offenders with a .18% BAC level.
Mandatory ignition interlock installation in vehicle for 2nd or subsequent offenders.
Possible substance abuse treatment.
Underage DUI
.02% BAC or more.
1st offense 90 days license suspension.
$100 to $500 fine.
2nd offense 6 months suspension.
$200 to $500 fine
3rd offense 1 year suspension.
$300 to $500 fine.
Commercial License Penalties
.04% BAC.
1 year license suspension, 1st offense.
3 years suspension if transporting a hazardous material.
2nd offense eligible for reinstatement after 10 years.
Lifetime disqualification for subsequent offense.
– Disclaimer –
Only skilled Montana DUI professionals should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited Montana DUI attorney. There is no warrantee, expressed or implied herein. Montana DUI laws and issues are complicated, and can change. Litigation takes experience. Please let us refer you to a seasoned Montana DUI specialist.
– Citations –
Part 4. Driving Under Influence of Alcohol or Drugs
61-8-401 to 442. Driving under influence of alcohol or drugs
Part 8. Commercial Motor Vehicle Safety 61-8-801 – 817 CDL Penalties.
Montana Motor Vehicle Division
Department of Justice
Scott Hart Building, Second Floor
303 North Roberts P.O. Box 201430
Helena, MT 59620-1430
406-444-1773
Montana Department of Transportation
2701 Prospect Avenue | PO Box 201001
Helena, MT 59620-1001
406.444.6200 TTY: 800.335.7592
