DUI Penalties in Montana: Understanding DUI Basics

Driving under the influence (DUI) is a serious offense in Montana with legal consequences that vary depending on the circumstances.

In this blog, we’ll explore the different types of DUIs and shed light on the nuances that distinguish them and discuss possible DUI penalties in Montana. If you are facing any type of DUI charge in Montana, contact Holloway and Hulling today for a free consultation.

Our attorneys have successfully litigated almost 1,000 DUI cases in multiple jurisdictions across Montana. We have the experience necessary to make a difference in your case.

Types of DUI

Alcohol DUI

The most common form of DUI involves driving under the influence of alcohol. Someone can be convicted of a DUI if they are intoxicated and unable to drives safely or if their blood alcohol concentration (BAC) is above the legal limit.

In Montana it is illegal to drive with a BAC of 0.08 or higher, regardless if you are intoxicated, and you can be convicted of an Aggravated DUI if your BAC is at or above 0.16.

Drug DUI

Driving under the influence of drugs, whether illegal substances or prescription medications, constitutes another type of DUI. The key element in drug DUIs is that the drug has impaired you in some manner, diminishing your ability to safely operate a motor vehicle.

Marijuana DUI

With the legalization of marijuana in Montana, there’s a growing concern about driving under the influence of cannabis and we are seeing a growing number of marijuana related charges when it comes to DUIs.

Montana has established a legal THC limit that a person can have in their system and still be considered legal to drive. This limit is similar to BAC for alcohol and helps the State regulate and penalize impaired driving due to marijuana use.

In Montana that limit is 5ng/ml. In all actuality, it is quite a low level with little correlation to impairment. Many habitual users and individuals that use marijuana for medical purposes may be walking around with 5ng/ml or more in their systems most of the time.

Underage DUI

For individuals under the legal drinking age, driving with any measurable amount of alcohol in their system may result in an underage DUI. Penalties for underage DUI can be severe, including fines, license suspension, mandatory education programs, probation, and community service.

Felony DUI

In Montana if you have three (3) or more prior DUI convictions, including a conviction in another state, your current DUI can be charged as a felony. Felony DUIs carry much more severe penalties including a mandatory minimum commitment to the Montana Department of Corrections for 13 months and 5 years of probation for your first felony.

If you are charged with a felony DUI you should absolutely seek legal counsel as there are treatment programs that can be taken advantage of to focus on treatment instead of punishment, and experienced DUI attorneys know and understand that there are certain laws than can affect whether or not your prior DUIs can even be used against to elevate your current charge to a felony level.

In other words, an experienced DUI attorney may be able to get your charge reduced or help you get into a treatment program to avoid “mandatory minimums.”

Possible DUI Penalties in Montana

Driving under the influence (DUI) offense in Montana come with a variety of possible punishments depending on the type of DUI. In this section, we’ll explore the different possible DUI penalties based on the type and number of previous DUIs convictions someone might have.

If you are facing any type of DUI charge in Montana, contact Holloway and Hulling today for a free consultation. Our attorneys have successfully litigated almost 1,000 DUI cases in multiple jurisdictions across Montana. We have the experience necessary to make a difference in your case.

Regular DUIs

Someone commits the violation of DUI when they drive or is in actual physical control of a vehicle or a commercial motor vehicle upon the ways of this state open to the public while under the influence of alcohol, any drug, or a combination of alcohol and any drug.

DUI 1st

For a first DUI violation, one is subject to jailtime for not less than 24 consecutive hours or more than 6 months and by a fine of not less than $600 or more than $1,000. An exception to this is if one or more passengers within the vehicle is under 16 years of age at the time of the offense. In this case, someone facing this charge could be punished by jailtime for not less than 48 consecutive hours or more than 1 year and by a fine of not less than $1,200 or more than $2,000.

DUI 2nd

For a second DUI violation the mandatory jailtime increases to not less than 7 days or more than 1 year and the fine increased to not less than $1,200 or more than $2,000. Again, if one or more passengers within the vehicle is under 16 years of age at the time of the offense the penalty is worse. In this case, someone facing this charge can be punished by jailtime for not less than 14 days or more than 1 year and a fine of not less than $2,400 or more than $4,000.

DUI 3rd

For a third DUI violation the penalties get much more sever. The mandatory minimum jailtime is not less than 30 days or more than 1 year and the fine increases to not less than $2,500 or more than $5,000. If one or more passengers within the vehicle is under 16 years of age at the time of the offense, the punishment increases to imprisonment for not less than 60 days or more than 1 year and by a fine of not less than $5,000 or more than $10,000.

DUI 4th or subsequent

Fourth or subsequent DUI violations are a felony offense. In addition to the loss of your constitutional right to bear arms or other rights, on is subject to severe punishment. First, imprisonment in the Montana Department of Corrections is required for a 4th DUI conviction, UNLESS you qualify for a treatment court program.

The imprisonment is for a term of not less than 13 months or more than 2 years for placement in either an appropriate correctional facility or a treatment program, which is typically the WATCh program.

This sentence is then followed by a consecutive term of 5 years to the Montana state prison or the Montana women’s prison, all of which must be suspended meaning you will serve those 5 years in the community on probation and supervision.

The fines for a 4th offense cannot be less than $5,000 or more than $10,000.

Someone could also be sentenced to a term of up to 5 years in an appropriate treatment court program, with required completion, and a fine of not less than $5,000 or more than $10,000.

If sentenced under this alternative, the person may be entitled to a suspended sentence but is not eligible for a deferred imposition of sentence.

For DUI 5th and higher the possible prison sentences continue to get more severe with each additional DUI.

Aggravated DUIs

An aggravated DUI violation occurs when:

• Someone’s alcohol concentration, as shown by analysis of the person’s blood, breath, or other bodily substance, is 0.16 or more;
• Someone is under the order of a court or the department to equip any motor vehicle the person operates with an approved ignition interlock device;
• Someone’s driver’s license or privilege to drive is suspended, cancelled, or revoked as a result of a prior violation of driving under the influence, including a violation of 61-8-1002(1)(a), (1)(b), (1)(c), or (1)(d), an offense that meets the definition of aggravated driving under the influence, or a similar offense under previous laws of this state or the laws of another state; or
• The person refuses to give a breath sample as required in 61-8-1016 and the person’s driver’s license or privilege to drive was suspended, cancelled, or revoked under the provisions of an implied consent statute.

Aggravated DUI 1st

For a first aggravated DUI violation, one is subject to jailtime for not less than 2 days or more than 1 year and by a fine of $1,000. An exception to this is if one or more passengers within the vehicle is under 16 years of age at the time of the offense. In this case, someone facing this charge shall be punished by imprisonment for not less than 4 consecutive days or more than 1 year and by a fine of $2,000.

Aggravated DUI 2nd

For a second aggravated DUI violation, one is subject to jailtime for not less than 15 days or more than 1 year and by a fine of $2,500. An exception to this is if one or more passengers within the vehicle is under 16 years of age at the time of the offense. In this case, someone facing this charge shall be punished by imprisonment for not less than 45 days or more than 1 year and by a fine of $5,000.

Aggravated DUI 3rd

For a third aggravated DUI violation, one is subject to jailtime for not less than 40 consecutive days or more than 1 year and by a fine of $5,000. An exception to this is if one or more passengers within the vehicle is under 16 years of age at the time of the offense. In this case, someone facing this charge shall be punished by imprisonment for not less than 90 consecutive days or more than 1 year and by a fine of $10,000.

Per Se DUIs

Someone commits a per se DUI violation when they drive or is in actual physical control of a noncommercial vehicle upon the ways of this state open to the public while the person’s alcohol concentration, as shown by analysis of the person’s blood, breath, or other bodily substance, is 0.08 or more.

Per Se DUI 1st

For a first Per Se DUI violation, one is subject to imprisonment for not more than 6 months and by a fine of not less than $600 or more than $1,000, An exception to this is if one or more passengers within the vehicle is under 16 years of age at the time of the offense. In this case, someone shall be punished by imprisonment for not more than 6 months and by a fine of not less than $1,200 or more than $2,000.

Per Se DUI 2nd

For a second Per Se DUI violation, one is subject to imprisonment for not less than 5 days or more than 1 year and by a fine of not less than $1,200 or more than $2,000, An exception to this is if one or more passengers within the vehicle is under 16 years of age at the time of the offense.

In this case, someone shall be punished by imprisonment for not less than 10 days or more than 1 year and by a fine of not less than $2,400 or more than $4,000.

Per Se DUI 3rd

For a third Per Se DUI violation, one is subject to imprisonment for not less than 30 days or more than 1 year and by a fine of not less than $2,500 or more than $5,000, An exception to this is if one or more passengers within the vehicle is under 16 years of age at the time of the offense.

In this case, someone shall be punished by imprisonment for not less than 60 days or more than 1 year and by a fine of not less than $5,000 or more than $10,000.

Contact Holloway & Hulling

Understanding the various types of DUIs and possible punishments is essential for those charged with a DUI-related offense. If you are charged with any type of DUI, please call (406) 880-7424 or contact us today for a free consultation.