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What Is Implied Consent?

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 to such a test, but Montana law then allows a peace officer to seize the driver's license. The license may then be suspended or revoked and the length of the suspension depends on whether it is a first refusal or second or subsequent refusal.

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 A "Per Se" Law?
A: 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 … 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