If you are caught drinking and driving in Montana, you will face severe penalties. In Montana if you’re caught with a blood alcohol content of 0.08% or higher you will be arrested; however, those who are under 21 years of age and have any alcohol in their blood will be arrested. It is important to note that Montana may also arrest you if your BAC (blood alcohol content) is at 0.04% – typically, this level of BAC registers as a Potential DUI.
Montana DUI First Offense:
When you are convicted for a DUI in Montana for the first time you may be required to spend 24 hours to six months in jail, depending on your BAC and prior record. If you had a child in the vehicle who is 16 or under, than the jail time is increased to a minimum of 48 hours and a maximum of 12 months. The fine associated with this conviction ranges from as little as $300 to as much as $1,000; however, if a passenger was 16 years old or younger the fines increase to a minimum of $600 and a maximum of $2,000. You will also have your driver’s license suspended for a period of six months; however, you may be able to keep your license if you install an Ignition Interlock Device in your vehicle.
Montana DUI Second Offense:
Once you are convicted for a DUI in Montana for a second time you will be required to serve a minimum of seven days or a maximum of six months in jail; however, this time increases if a passenger was 16 years or under. Then, the minimum jail time is 14 days and the maximum is 12 months. You are also looking at a fine ranging from $600 to $1,000 or $1,200 to $2,000 if a passenger was under 16 years of age. You will also lose your license for a period of one year; however, you may be able to receive a probationary license after serving 45 days if you install and pay for an Ignition Interlock Device. You will also be required to complete a substance abuse treatment program.
Montana DUI Third Offense:
Being convicted of a DUI for a third time in Montana requires a minimum jail sentence of 30 days or 60 days if you had a child under 16 in the car. The maximum jail sentence is one year for either case. Expect to pay a fine ranging from $1,000 to $5,000 or a fine; however, this fine increases to a minimum of $2,000 to $10,000 if a child under 16 was in the vehicle. Your driver’s license will also be suspended for a period of one year, and you may be able to receive a probationary license if you pay for and install an Ignition Interlock Device. Take note, your vehicle may be seized and possibly forfeited.