DUI Reference Guide

Montana DUI Laws

Montana drivers are considered to be under the influence when alcohol and or drugs affect their driving.  Anyone who is not able to drive as safely as they would if they were not being influenced by an intoxicant face the possibility of being arrested for driving under the influence.  Drivers will also be arrested if they have a blood alcohol content at or above 0.08%. 

It is illegal for anyone under 21 to drink alcohol.  Therefore, Montana also has zero tolerance for minors who drink and drive.  This is why; Montana follows a zero tolerance statue.  Anyone who is younger than 21 can really not drive while impaired at all.  In fact, they can be arrested if their blood alcohol level registers at even as low as 0.02%.

Many states use an implied consult rule.  This rule basically states that driving is a privilege and therefore with it comes certain responsibilities.  Once such responsibility is that anyone who is pulled over on the suspicion of a DUI will give permission to be tested for his or her blood alcohol content.  Montana has an additional applied consent component.  Drivers in their state are to also consent to a preliminary screening test if they have been pulled over on good cause for a potential DUI.  This test will provide some idea of the concentration of alcohol in a person’s systems

If a person is convicted of a DUI, they face several possible punishments including jail time and/or community service, probation periods and fines.  There will also be license suspensions and the arrest will go against a person’s driving record.  Anyone who is convicted of DUI can be required to receive an evaluation for any substance abuse problems and might also be required to receive therapy or treatment for any problems.  Some driver’s will need to have an ignition interlock system placed on their vehicle for a specific amount of time. 

Unlike many other states, Montana does not have administrative license suspension. However as part of their sentence, those convicted of DUI can face a suspension of their license.  This can be based on the number of offenses and other relevant factors. 

There are several instances in which people face even more severe consequences as result of the DUI.  Those drivers who have a commercial license will also have a suspension of their driving privileges.  Sometimes their license will be revoked permanently.  Those with an alcohol level meeting or exceeding 0.16 also face stricter penalties. 

Depending upon a person’s number of prior DUI offenses and any other circumstances such as those listed above, people could pay $5000 in fine.  The amount in fines can be even higher.  Jail time and other consequences can increase as the amount of prior DUI offenses increases. The same is true for the length of license suspensions. 

DUI charges in Montana are a costly offense (literally).  Aside from fines, people will incur other costs.  If they are required to enter some type of treatment program or to gain therapy for an alcohol and/or drug problem, the cost will be the responsibility of the convicted individual.  They will also need to pay a fee before they will have their license returned to them after a suspension.  Insurance rates for drivers’ will also increase once a person has a DUI on their record.  Some insurance companies will no longer insure someone after an arrest.  If a person is seeking new insurance they might not find a carrier who is willing to offer them automobile insurance.

In order to convict a person of a DUI offense, the prosecution will focus on one of two conditions.  They will either present information about the person’s blood alcohol content at the time of the arrest.  The other option is to attempt to prove that the person’s driving abilities were impaired by their mental or physical deficits that resulted from being under the influence of alcohol or drugs.

Providing someone was impaired is not always easy.  There is some room for doubt to be cast.  The prosecution will probably rely heavily on the testimony and reports from the arresting police officer.  They would have told what their reason was for pulling over an individual.  Often they had not been driving in a safe or normal fashion.  An officer might have smelled alcohol on the person when they spoke with them.  If they are asked to take a sobriety test and failed, this could also show that they were in fact impaired.

Due to the serious nature of this crime, it is important to consult an attorney.  An attorney can work with an individual to devise their defense.  In the case of those who did not have an illegal blood alcohol content, a lawyer can work to create doubt as to whether the officer’s observations were correct in labeling a person as impaired.  Consult with an attorney who specializes in DUI law.  Other attorneys are not always as knowledge and might not be helpful in obtaining the best defense.