The laws regarding DUIs in Montana hold that you are committing a DUI offence if you are operating a motor vehicle with BAC of .08 or greater. They require that you submit to a breathalyzer test when you are pulled over on suspicion of driving while intoxicated. If you fail to consent to the breathalyzer test, you will be considered in violation of the Implied Consent laws.
If you commit a DUI offence in Montana, your license can be suspended in one or two ways. One is administrative, and the other is judicial.
Administrative: If you refuse to consent to the breathalyzer or your fail such a test, then your license will be confiscated immediately by the arresting officer. In its place, you will receive a temporary license. This temporary license will allow you to continue driving for a period of 30 days in order to attend to various affairs. During this period, you will be allowed to challenge your suspension. If your challenge to the suspension is unsuccessful, or if you elect not to make a challenge, then your license will be suspended for a period of one year following the expiration of the temporary license.
Judicial: Your license can also be suspended in Montana by the courts. This would be the result of sentencing or of a plea agreement entered into with the prosecutor.
|Offense||Fine||Jail Time||Suspension Period|
|1st||$300 – $1000||1 day to 6 months||6 months|
|2nd||$600 – $1000||7 days to 1 year||1 year|
|3rd||$1000 – $5000||30 days to 1 year||1 year|
|4th||$1000 – $5000||5 years or less||1 year (revoked)|
In addition to the above, you may also be compelled to seek treatment for alcohol and substance abuse and / or participate in a sobriety program.
For second offences and all subsequent offences, you may be allowed to seek a restricted license. This license would require you to install an ignition interlock device in every car that you own or is registered in your name.