DUI Laws & Penalties in Montana
Every year at least three thousand arrests are done in the Rocky Mountain state of Montana for drunk driving. With the price of beer half than in those in all other states, plus with a population drinking 26 percent more as compared with the rest of the United States, DUI related problems in Montana is far from being over. Here are the penalties for a charge of DUI;
Montana DUI has a couple of interesting things that you don't see in most states one is that if you have someone in the car under 16 they treat the DUI offense more harshly. Sometimes like on the 2nd offense and higher the fines can be 10x the max if you did not have a under 16 minor in the car with you.
The 2nd thing is the first refusal of a DUI test can be automatic licence revocation. Most other states you are required to asked a 2nd time before the suspension of licence takes place.
First Offense
- fine of between $300 and $1,000, or, from $600 to $2,000 if you are with a teenager 16 years old and below during arrest
- from 24 hours to up to 6 months of jail time, or, from 48 hours to 1 year if you are with a teenager 16 years old and below during arrest
- license suspension for 6 months (you may or may not be given a probationary license)
- installation of IID (Ignition Interlock Device) for your vehicle
- completed alcohol treatment (Chemical Dependency Education Course)
Second Offense
- fine of between $600 and $1,000, or, from $2,000 to $10,000 if you are with a teenager 16 years old and below during arrest
- from 7 days to up to 6 months of jail time, or, from 14 days to 1 year if you are with a teenager 16 years old and below during arrest
- license suspension of 1 year (a probationary license may be given after the first 45 days of the suspension, and, as long as you pay the lease for IID [Ignition Interlock Device])for your vehicle
- completed alcohol treatment (Chemical Dependency Education Course)
Third Offense
- fine of between $1,000 and $5,000, or, from $2,000 to $10,000 if you are with a teenager 16 years old and below during arrest
- from 30 days to up to 1 year of jail time, or, from 60 days to 1 year if you are with a teenager 16 years old and below during arrest
- license suspension of 1 year (a probationary license may be given after the first 45 days of the suspension, and, as long as you pay the lease for IID (Ignition Interlock Device)for your vehicle)
- completed alcohol treatment (Chemical Dependency Education Course)
A fourth offense is considered as felony and could get you up to 5 years in prison and a fine of $10,000. For all offenses, you may not be allowed to use your vehicle. It may also be subject to being impounded or be permanently forfeited from your ownership. Another thing to take note, when you are pulled over for a possible DUI charge, is to NOT refuse a chemical test. If troopers in other states are mandated to ask you a second time, troopers in Montana will slap you with a 6 months suspension of your license. I don’t think you want that.
When you are read your Miranda Rights exercise them if you are not to intoxicated and ask for a lawyer and shut up if you want a chance at a good DUI Defense.
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This is not legal advise. We are not lawyers. If you have a question of US law take it to a licensed attorney in your state or legal jurisdiction.