Montana DUI Penalties

Montana DUI laws and penalties

Each State within the United States is given the authority to write their own laws on Driving Under the Influence, or better known as DUI. Within this article we will explore the different laws within the State of Montana, and their penalties. To begin with, Montana has what is known as a ten year "Lookback Period". This means that all previously aquired DUI's within the past ten years will be relevant to the sentencing process you are now facing with your current DUI charge. This is also known as a "washout" period.

What constitutes a high BAC for a DUI in Montana?

Under 21: .00% Montana is a zero tolerance State
21 or Older: .08%
Commercial: .04%

There is never an accpetable time to drink and drive as your vision, reasoning, along with your mental capacity to make important decisions and judgments is severely hindered and are not capable of bouncing back to what you are able to perform without alcohol in your system. Each person is different, and their tolerance level for alcohol is severely unpredictable making it impossible to say how many drinks are "normal" or not. This is what requires law enforcement to perform chemical tests on suspecting DUI offenders. If you are pulled over and are requested to take a chemical test, Montana has an implied consent law. This means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take a chemical test, the penalties are as follows:

First Offense: 6 month license suspension
Second Offense: 1 year license suspension
Third Offense: 1 year license suspension

What are the penalties within the Montana DUI laws?

There are many penalties within the Montana DUI laws and we will explore them in this section. Should you be pulled over and found guilty of Driving Under the Influence within the boarders of the State of Montana, the following are the consequences you will be facing:

Penalty of Jail

First Offense: 2 days to 6 months
Second Offense: 7 days to 6 months
Third Offense: 30 days to 1 year

Penalties and Fines

First Offense: $300 to $1,000
Second Offense: $600 to $1,000
Third Offense: $1,000 to $5,000

Penalty of License Suspension

First Offense: 6 months
Second Offense: 1 year
Third Offense: 1 year

Penalty of Ignition Interlock Device (IID)

First Offense: Possible
Second Offense: Yes
Third Offense: Yes

It is very important to know that a fourth DUI conviction in the State of Montana is a felony, and you could receive up to five years in jail and a $10,000 fine.

Conclusion

It is important to note that laws change, as well as their interpretation and application of them. Due to the fact that there are multiple jurisdictions within a State and each may choose to enforce the laws in different ways, it is important to prepare for the unexpected. For this reason, it will be in your best interest to retain the services of an experienced and professional lawyer who is well versed on Montana DUI laws, as well as capable of giving you the direction you need for your specific case, along with being fully aware of current laws pertaining to DUI.

(Tags - DUI Penalties - DUI Tests - dui state laws - Montana DUI law )