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What Is A "Per Se" Law?

Montana enforces a "per se" DUI law maintain that is illegal to operate a vehicle if you exceed the requisite BAC legal limit. Evidence of a person's BAC at or above the prescribed limit is illegal. In other words, there need be no finding of impairment.

Other Montana Drunk Driving Defense FAQs

Q: What Is The Alcohol Concentration Limit?
A: At this time, the alcohol concentration limit in Montana is .10, with the number referring to grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 … More
Q: What Is Implied Consent?
A: Drivers in Montana 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 … More
Q: What Are The Penalties For A First Time Offense?
A: The penalties for a firstoffense drunkdriving conviction include up to six months in jail and a fine of up to $500. Parts of the imprisonment may be … More
Q: Does Montana Have A Vehilce Forfeture Law?
A: Vehicles are forfeited on the third or subsequent DUI.
Q: Can Dui Be A Felony Level Offense?
A: A fourth or subsequent DUI is a felony.
Q: Should A Person Take The Breath Test?
A: Under Montana Law a person is considered to have given consent to taking the breath test upon the request of a peace officer. The law also allows a person to refuse. A … More
Q: Can I Ask For A Blood Test Or Another Confirmatory Test?
A: Yes, Montana Law and the Montana Constitution both require that a DUI suspect be provided with the opportunity to obtain an independent test for alcohol or drugs at … More
Q: Can I Get My Drivers License Back If It Is Suspended For Dui?
A: 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 … More
Q: How Can I Contact The Dmv About Reinstatement?
A: If you have further questions about reinstatement you should contact the Department of Motor Vehicles at (406)4443288. To reinstate your drivers' license you must … More
Q: What Is Under 21 Dui?
A: Montana law states that it is unlawful for a person 21 years of age or older to drive or be in actual physical control of a motor vehicle if that person's blood … More