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Montana DUI Information

In Montana, anyone with a blood alcohol level of .08%, or greater, is considered to be DUI.  State law permits anyone with a blood alcohol concentration of at least .04% may also be charged if submitted with other convincing evidence.  First time offenders will face 24 hours to 60 days in jail.  If a court-ordered treatment program is completed by the offender, a portion of the required jail time may be suspended.  In addition to potential incarceration, fines ranging from $100.00 to $500.00 will be imposed along with surcharges and other fees.

First time DUI offenders will find that their driver’s license may be suspended for six months.  If anyone refuses to adhere to alcohol testing, the arresting officer may seize the suspect’s license with an additional minimum suspension of six months.  If testing is continually refused, the suspension may lengthen.

An ignition interlock device is often required of anyone that has been convicted of DUI.  This device, which is installed at the offender’s expense, is used to prevent the operation of a motor vehicle if the subject has any alcohol in his/her system.

Youthful offenders, who consist of anyone under the age of 21 with a blood alcohol content of .02% or higher, will be subject to a minimum $100.00 fine and up to $500.00 at the court’s discretion.  In addition, he/she will face having their driver’s license suspended for a period of 90 days.

Individuals who are involved in a DUI, which causes personal injury or death, may face felony charges and much harsher penalties.  In addition, anyone convicted of a DUI and is transporting a passenger under the age of 16 may face additional criminal penalties.

Upon conviction or an admission of guilt, DUI offenders are commonly faced with problems relating to their insurance company.  Immediately being labeled as “high risk” drivers, offenders are often dropped by their insurance company altogether or, at the very least, are required to pay much higher rates than before.  In the event that the offender is forced to look for a new insurance provider, he/she may have a difficult time finding a new company who offers high risk policies but, if they do, the rates will likely be extremely high for the amount of coverage granted.





DISCLAIMER: This website provides only general information intended to be a starting point for most legal issues. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist.