DUI Penalties in Montana can be severe.   Drinking and driving in this State is a serious offense and if you’ve been charged with a DUI, you should seek legal council immediately in order to know what your options are before pleading guilty.  Of course, the best way to avoid the penalties of a DUI is to not drink and drive at all.  If you are a social drinker, it is impossible to know your blood alcohol concentration (BAC) by estimating it.  There are far too many factors involved in the process of breaking down alcohol and the old adage that one drink an hour is safe is a myth.

The only way to know what your BAC is, is to measure it.  The best way to measure it is to use your own personal breathalyzer.

Like all States in the US, Montana has a legal limit of 0.08% or 80 mg per 100 ml of blood. However, the legal limit can be as low as 0.04% for a DUI if other factors are taken into consideration.  This is a good reason alone for seeking the advice of an attorney after being charged with a DUI in Montana.  In addition, there are lower limits for minors who drive and commercial drivers.

Montana DUI Penalties – First Offence

If you’ve been charged with a DUI, you are facing jail time of 24 hours to 6 months. Jail time is doubled if you were transporting a minor under the age of 16 years old at the time of your charge.  A fine for a first offender ranges from $300.00 to $1,000.00, again doubled if there was a passenger under the age of 16.

Your driver’s license will be suspended for 6 months although a probationary license is possible with the installation of an ignition interlock device.  You may also be required to participate in an alcohol and chemical dependency education or treatment program.

After you have paid your fines, legal costs, and lawyer’s fees, your vehicle insurance rates will skyrocket after a DUI conviction.  All in all, it will be a very expensive (as well as humiliating) period of time.  Having your own personal breathalizer is cheap insurance against a DUI if you do have the odd drink and then get behind the wheel.  Click here for more information.

Second Offense

If you’ve already been convicted once, you ought to know how serious the consequences of a DUI in Montana are. But, there are some that do make the same mistake a second time.  Likely, if they had the judgment to know that they should not risk that they are under the legal limit, the second offense would have been prevented.  How can you know your BAC? See the above paragraph and consider your own personal breathalizer. Click here.

But you took the risk, and now have been charged a second time. Upon conviction of a second DUI in Montana, the penalties increase substantially.  Jail time is increased to 7 days to 6 months.  If you were transporting a passenger under the age of 16, that jail time is doubled.

You are now facing a fine of between $600.00 and $1,000.00 which increases if you were transporting a minor under 16: $1,200.00 to $2,000.00.

Your license will be suspended for 1 year.  It may be possible to have a reduced suspension of 45 days if you agree to pay for the installation and maintenance of an ignition interlock device in your vehicle. Vehicle may be seized however.  You will also be required to attend a chemical dependency treatment and/or education program.

Third Offense

If you’re facing your third DUI conviction in Montana, you are looking at yet again increased fines.  The license suspension remains the same – one year, with the possibility of reinstatement after 45 days if ignition interlock system is installed and maintained.

The minimum fine for a third offense becomes $1,000.00 with $5,000.00 being a real possibility. If you were transporting a minor under the age of 16 on your third offense, the fine increases to a minimum of $2,000.00 with $10,000.00 being possible.  You will also be required to participate in the chemical dependency treatment and education program again, while also risking your vehicle being sized and forfeited to the State.

Drinking and driving in Montana is not worth the risk.  If you are planning on drinking, even just a couple, you should make arrangements for transportation if required that do not involve you taking any chances in getting behind the wheel.  The expense and humiliation could change your life forever.

Consider knowing what your BAC is before you drive with a personal breathalizer.  Click Here.