Free Montana Drunk Driving Defense FAQs | Free Montana Drunk Driving Defense Legal Documents

What Is The Alcohol Concentration Limit?

Tue, 29 May 2007 21:19:00 GMT

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 liters of breath. For drivers under the age of 21 it is .02.

What Is Implied Consent?

Tue, 29 May 2007 21:19:00 GMT

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.

What Is A "Per Se" Law?

Tue, 29 May 2007 21:19:00 GMT

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.

What Are The Penalties For A First Time Offense?

Tue, 29 May 2007 21:19:00 GMT

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 suspended, pending the completion of a courtordered chemical dependency program.

Does Montana Have A Vehilce Forfeture Law?

Tue, 29 May 2007 21:19:00 GMT

Vehicles are forfeited on the third or subsequent DUI.

Can Dui Be A Felony Level Offense?

Tue, 29 May 2007 21:19:00 GMT

A fourth or subsequent DUI is a felony.

Should A Person Take The Breath Test?

Tue, 29 May 2007 21:19:00 GMT

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 person who refuses the test will have his or her drivers license suspended or revoked for a period of not less than 6 months. If a person does not believe that he or she is under the influence of alcohol than generally he/she should take the test. A breath test below or near .10 will likely result in dismissal or reduced charges. If a person believes that he or she is under the influence of alcohol but cannot afford to lose his or her drivers license they should still take the test.

Can I Ask For A Blood Test Or Another Confirmatory Test?

Tue, 29 May 2007 21:19:00 GMT

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 his or her own expense. An independent test helps assure the accuracy of the offered test. If after requesting an independent test one is not provided then the case may be dismissed by the Court.

Can I Get My Drivers License Back If It Is Suspended For Dui?

Tue, 29 May 2007 21:19:00 GMT

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:

Pay $100.00 reinstatement fee to DMV.
Obtain Judges recommendation for probationary license.
Enroll in the ACT Program

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

How Can I Contact The Dmv About Reinstatement?

Tue, 29 May 2007 21:19:00 GMT

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 call the DMV and pay the reinstatement fee. Your drivers' license will not be reinstated automatically, even if you comply with all Court ordered requirements.

What Is Under 21 Dui?

Tue, 29 May 2007 21:19:00 GMT

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 alcohol concentration (BAC) meets or exceeds .10%. Montana observes a "per se" law.

What About Minors?

Tue, 29 May 2007 21:19:00 GMT

Montana law states that it is unlawful for a person under the age of 21 to drive or be in actual physical control of a motor vehicle if that person's blood alcohol concentration (BAC) meets or exceeds .02%.

What Are The General Speed Limits In Montana?

Tue, 29 May 2007 21:19:00 GMT

Urban district: 25 (ref. 618303, MCA)
Construction zones: 35 (ref. 618303, MCA)
State highways: Reasonable and prudent (day), 55 (night) (ref. 618303, MCA)
Interstates: Reasonable and prudent (day), 65 (night) (ref. 618303, MCA)
Speed limits are absolute for all roads, meaning you may not exceed them under any circumstances. Montana's speed limits are enforced through the use of pacing, radar and airplanes. In those cities and towns with more than 2,500 people where radar is used, a warning sign must be placed along roads leading into that town though absence of such signs does not invalidate an otherwise proper arrest. (ref. 618704, MCA) The use of radar is acceptable evidence. (ref. 618702, MCA) Montana's daytime speed limit is "reasonable and prudent" for cars. Trucks are limited to 65. At night, it's 55 on twolane roads and 65 on fourlane roads for everyone. County roads are not covered by the "R&P" speed limit, they still have numerical limits in force. (ref. 618303, MCA) "Reasonable and prudent" speeds are determined by the arresting officer but are probably between 70 and 85 mph. If you are passing most of the traffic on the road, then you are not traveling at a safe speed. A violation of the basic speed rule (618303, MCA) carries fines ranging from $70 to over $500.

What Are Points?

Tue, 29 May 2007 21:19:00 GMT

Drag racing/speed contests: 5
DUI: 10
Leaving the scene of an accident (death/injury): 8
Leaving the scene of an accident (vehicle damage only): 4
Operating with a suspended/revoked license: 6
Operating without insurance: 5
Operating without a license: 2
Reckless driving: 5
Speeding: 3
Vehicular assault: 12
Vehicular homicide: 15 All other moving violations are worth 2 points. You're considered a habitual traffic offender if you get 30 or more points in a three year period. If two or more charges are filed concurrently, only the offense carrying the highest point value can be charged against you. (ref. 6111203, MCA)

How Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, injury, or apparent property damage exceeding $250 must be reported immediately to the local police or the Montana Highway Patrol. (ref. 617103 and 108, MCA) It is illegal to leave the scene of an accident involving death or injury. Penalties include jail time of 30 to 365 days, a fine between $100 to $5,000, or both. (ref. 617103, MCA, paragraph 2) You'll also lose your license for up to one year. (ref. 617103, MCA, paragraph 3, also see 615205 paragraph 4) You are required to assist the injured to the best of your ability, including transportation to a hospital if necessary. (ref. 617105, MCA) If just vehicle damage is involved, the offense of leaving the scene is a misdemeanor. (ref. 617104, MCA)

What Are The Insurance Requirements In Montana?

Tue, 29 May 2007 21:19:00 GMT

$25,000 minimum for bodily injury or death to one person in any one accident, $50,000 for bodily injury or death to two or more people in any one accident, and $10,000 for injury to or destruction of property. (ref. 616103, MCA, paragraph 2b, subparagraphs i, ii, and iii) Proof of compliance must be carried in the vehicle. However, if you can't provide proof of compliance at the time of arrest, you are not guilty of noncompliance if you can provide such proof later that indicates coverage on the date of the offense. (ref. 616302, MCA)