Montana DUI Laws: FAQ

What are the penalties for a DUI conviction in Montana?

The Penalties for a 1st DUI Conviction include:

  • Fine: $300-$1,000 (doubled for minor passenger),
  • Incarceration: 1 Day to 6 Months (doubled for minor passenger),
  • Mandatory Chemical Dependency Assessment and Alcohol Education Course,
  • License Suspension or Revocation: 6 Months (Court may recommend probationary license conditioned on treatment), and
  • Possible Interlock Ignition Device during Probation.

2nd Conviction:

  • Fine: $600-$1,000 (doubled for minor passenger),
  • Incarceration: 7 Days to 6 Months (doubled for minor passenger),
  • License Suspension or Revocation: 1 Year if within 5 Years of 1st Conviction (must complete mandatory treatment for reinstatement and no opportunity for a probationary license), and
  • Possible Interlock Ignition Device during Probation or Vehicle Seizure by the court.

3rd Conviction:

  • Fine: $1,000-$5,000 (doubled for minor passenger),
  • Incarceration: 30 Days to 1 Year (doubled for minor passenger),
  • License Suspension or Revocation: 1 Year if within 5 Years of 1st Conviction (must complete mandatory treatment for reinstatement and no opportunity for a probationary license), and
  • Possible Interlock Ignition Device during Probation or Vehicle Seizure by the court.

4th or Subsequent Conviction:

  • Felony,
  • Fine: $1,000-$10,000 (doubled for minor passenger),
  • 13 Months in Residential Treatment and up to 5 Years Probation,
  • License Suspension or Revocation: 1 Year if within 5 Years of 1st Conviction (must complete mandatory treatment for reinstatement and no opportunity for a probationary license), and
  • Possible Interlock Ignition Device during Probation or Vehicle Seizure by the court.

Additionally, If the person is convicted of vehicular homicide while under the influence, the person shall be imprisoned for up to 30 years or fined up to $50,000 or both.

Can I get my Driver’s License back after suspension for DUI in Montana?

Maybe, it depends upon the circumstances.

Refusal: If a person refuses the breath test his or her license will be suspended for a period of 6 months and revoked for a period of 1 year for a second or subsequent refusal. For refusal a probationary license may not be obtained. Under limited circumstances a petition may be filed with the District Court to request return of the drivers' license.

DUI Conviction: For a first DUI conviction a persons' drivers' license will be suspended for a period of 6 months and revoked for a period of 1 year for a second or subsequent conviction. This time is in addition to any applicable suspension for a refusal. An essential driving or probationary permit may be issued if all of the following requirements are met:

  1. Pay $200.00 Reinstatement Fee to DMV.

  2. Obtain Judges Recommendation for Probationary License.

  3. Enroll in the Alcohol Treatment Program.

  4. Pay fees; take driver test if no license or license is expired.

Can I refuse to take a Chemical Test when pulled over for suspected DUI in Montana?

Under Montana’s Implied Consent Law drivers are considered to have given consent to blood or breath tests to determine the presence of alcohol or drugs. An arrested person may refuse to submit to such a test, but Montana law then allows a peace officer to seize the driver's license. Your license will be suspended for 6 months upon a first refusal and for 1 year upon a second or subsequent refusal.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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