DUI laws vary from state to state. Arizona is one of several states where first offenders get mandatory jail time. In California there is no mandatory jail time, where your first DUI in Wisconsin will only get you a ticket. We’ll run through what you need to know about Montana DUI laws.
The Basics of Montana DUI Laws
You need a blood alcohol concentration (BAC) of 0.08% or more to get a DUI. For commercial drivers that lowers to 0.04%. Drivers under 21 only need a BAC of 0.02% to get a DUI. The general 0.08% BAC is the same in every state, but the commercial driver and under 21 levels vary.
Your first 3 DUIs are misdemeanors in Montana. If you get a 4th DUI in 10 years or less, then it becomes a felony with mandatory prison time.
Penalties are increased if you have a passenger over 16, a BAC over 0.16%, you refuse a chemical test, have a pending DUI charge, or your license is already suspended or revoked. This is called an aggravated DUI.
Do You Have To Take the Sobriety Test?
There are two different types of sobriety tests: the field sobriety test and the chemical test. The field sobriety test is the breathalyzer typically used for sobriety tests. A chemical test is just a blood test that is more accurate and done at the police station.
According to Montana DUI laws you don’t have to take the field sobriety test, but you do have to take the chemical test. If a police officer asks you to take a breathalyzer test, you can refuse without any increased punishment. If you refuse the chemical BAC test then the police officer will suspend your license for 6 months. The arresting officer can choose which tests they administer.
Punishments and Fines
We’ll break the mandatory jail time and fines down by the number of offense. The punishment gradually increases with each subsequent DUI. It’s important to remember that these are the base penalties, and with an attorney’s help you may be able to get the a lower punishment.
First Offense
- Misdemeanor offense
- License can be suspended for 6 months
- A minimum of 1 day, and up to 6 months in jail
- Fines between $600 and $1,000, plus court costs
Second Offense
- Misdemeanor offense
- License can be suspended for 1 year
- A minimum of 14 days, and up to 6 months in jail
- Fines between $1,200 and $2,000, plus court costs
Third Offense
- Misdemeanor offense
- License can be suspended for 1 year
- A minimum of 60 days, and up to 1 year in jail
- Fines between $5,000 and $10,000, plus court costs
Fourth Offense
- Felony offense
- License can be suspended for 1 year
- A minimum of 13 months, and up to 5 years in prison with no parole
- Fines between $1,000 and $10,000, plus court costs
What Should I do if I get a DUI?
After you get a DUI in Montana, you have a short amount of time to petition or appeal your DUI. You don’t have to petition your DUI, but it can help you get a lower fine and the judge can choose to not suspend your license.
When you get a DUI the officer will immediately take your license, and a few days later you’ll get a notice of suspension of driving privileges in the mail. After you get that notice, you only have 30 days to request a hearing and petition your DUI in court. At this point you need an experienced attorney who can help you appeal the suspension.
Your attorney will make your argument for you, after which the judge will make a final decision. It can be overwhelming to figure out the Montana DUI laws on your own, but an attorney can help you navigate the court system and get you the best deal possible. Give the attorneys at Paul Ryan & Associates Attorneys at Law a call at (406) 542-2233 or send us an email and we can help you out!