First Offense DUI in Montana

In Montana, the offense committed when a person found to be in physical control of a vehicle is determined to be under the influence of alcohol, drugs, or a combination of both is officially called "Driving Under the Influence (DUI). This typically occurs for drivers with a blood alcohol concentration (BAC) of 0.08% or higher. Montana's DUI laws also include impairment from substances such as marijuana and prescription medications. For marijuana-related DUIs, a tetrahydrocannabinol (THC) level of 5 ng/ml or more is required.

What Qualifies as a First DUI in Montana?

A first-time DUI in Montana is when there is a DUI violation by a person who has no prior convictions within the past ten years in Montana or other jurisdictions with similar DUI laws. Under Montana Code Annotated § 61-8-1002, a first-time DUI also applies when there are no pending DUI charges at the time of arrest. Additionally, in Montana, a prior conviction from another state might be considered in determining if an offense is a first-time DUI.

BAC limits in Montana to determine a DUI offense are no greater than 0.08% BAC for adult drivers 21 years old and over. Drivers under 21 are required to have a legal limit of 0.02% BAC and may be charged with a DUI even if they show no signs of impairment. Commercial Drivers who hold a Commercial Driver's License (CDL) are held to a higher standard with a lower legal limit of 0.04% BAC.

Law enforcement officers determine impairment through assessments and chemical testing. Chemical tests are made through:

• Breath tests using a certified breathalyzer device
• Blood tests measuring the alcohol content in the bloodstream are done by medical professionals and
• Oral fluid tests to detect the presence of drugs such as THC

Note that BAC test results are at the core of determining DUI charges and penalties in Montana, and drivers have the right to request an independent blood test at their own expense, and the results may be used in court proceedings.

Possible Penalties for a First Offense DUI in Montana

Penalties for a first-offense DUI in Montana, as laid out in the Montana Code Annotated § 61-8-1007(1)(a)(i), include:

• Compulsory fines and jail time, which are increased if an under-16 passenger is present in the vehicle
• First-time DUIs in Montana attract imprisonment from 24 hours to six months in jail or 48 hours to 1 year when a passenger under 16 is in the vehicle.
• Fines are from $600 to $1000 or $1,200 to $2000 with a passenger under 16 in the vehicle.
• First-time DUI offenders in Montana face a six-month suspension of non-commercial licenses without probation.
• Montana courts also order assessment and participation in educational or treatment programs for first-time DUIs
• First-time DUI offenders in Montana may not opt to serve the mandatory minimum jail time via a suspended sentence or home arrest unless the judge rules that there is a risk to the defendant's mental or physical health.

Do You Lose Your License for a First DUI in Montana?

In Montana, a driver may lose their driving rights at the time of arrest through an administrative process or a criminal suspension after a conviction. Persons who refuse to submit to a chemical test or fail one after arrest will have their license automatically seized. A first test failure or refusal leads to a six-month suspension for a non-commercial license.

A first-time DUI conviction with BAC levels greater than 0.08% leads to a six-month license revocation with no restricted options for the first 45 days of the sentence. Afterward, convicted drivers may petition for a limited license, which will require the use of an ignition interlock device.

What Is the Implied Consent Law in Montana and How Does It Affect First DUI Cases?

Under Montana's implied consent law, codified at MCA § 61-8-1016, all drivers or anyone in physical control of a vehicle on a public road is deemed to have consented to chemical testing for blood, breath, and oral fluids. Drivers who refuse to take a test face an automatic six-month suspension if they have a non-commercial license and a one-year suspension if they have a commercial license.

Persons who refuse to take a test may opt to take one independently and should note that refusal of a test is admissible in court. Persons who refuse to have a test in Montana have the right to a hearing where it will be litigated as to whether law enforcement had probable cause to make the arrest and whether the accused party refused the requested test.

Is an Ignition Interlock Device Required for a First DUI Offense in Montana?

Montana statutes do not require the automatic use of an ignition interlock device (IID) for every first-time DUI. However, a judge may make this the condition of a restricted license. The use of an IID is not dependent on the BAC levels at the time of arrest, refusal to take a test, or the presence of a child in the vehicle. Persons required to use the IID are to use it for the remaining suspension period after the initial 45 days. Related costs of an IID, such as installation, maintenance, calibration, and removal, are paid out of pocket by the offender as part of the probationary license conditions.

Can a First DUI Be Dismissed or Reduced in Montana?

In Montana, first-time DUI charges may sometimes be dismissed or reduced depending on the facts of the case and the strength of the evidence against the offender. For example, prosecutors may agree to allow a charge reduction to careless driving or reckless driving when the evidence is weak or when tests provide borderline results. A low BAC reading, such as below 0.10%, or procedural errors by law enforcement, helps to increase the chance of a charge reduction.

Montana law permits a judge to suspend the sentence upon a guilty plea or verdict and place the offender on probation for six months instead. The successful completion of the probation without a new offense, payment of all required fees, and substance evaluation treatment will lead to the outright dismissal of the conviction.

Long-Term Consequences of a First DUI

In Montana, a DUI record is a public record that will stay on the convicted person's criminal record indefinitely unless sealed or expunged. Note that Montana has limited options for DUI expungement. With a DUI record in the public domain, landlords, employers, schools, and professional licensing authorities carrying out background checks will have access to these records. And some employers in health care, finance, education, or the government screen out persons with DUI convictions.

A DUI may also lead to an insurance premium rate hike of up to 200%, depending on driving history, leading to the payment of a higher premium for years.

Do You Need a DUI Attorney in Montana?

It is not legally required to hire a DUI attorney in Montana after a DUI arrest, but retaining a qualified attorney is in the best interest of the person accused. For example, a lawyer will be better suited to navigate requirements such as the implied consent hearing and the criminal process. Experienced attorneys are also capable of managing plea agreements, diversion, and deferring sentences.