Second Offense DUI/DWI in Montana

According to the Mont. Code Ann. §§ 61-8-1002, an individual is guilty of Driving Under the Influence or DUI in Montana if they drive or are in control of:

• A vehicle or a commercial motor vehicle on state roads while under the influence of alcohol, a drug, or a combination of both, aka DUI.
• A non-commercial vehicle on state roads while they have a Blood Alcohol Concentration (BAC) of 0.08 or more, aka DUI Per Se.
• A commercial vehicle within the state while they have a BAC of 0.04 or more, aka CDL DUI.
• A non-commercial or commercial vehicle in the state has a tetrahydrocannabinol level of 5 ng/ml or more, aka THC Per Se.
• A vehicle within this state when under 21 years of age with a BAC of 0.02 or more, aka Minor DUI.

Per Mont. Code Ann. §§ 61-8-1007, a first DUI violation is punishable with imprisonment and fines. Generally, harsher penalties, such as more extended imprisonment and higher fines, are imposed for repeat DUI offenses, including second and subsequent DUI violations. These escalating penalties are employed to discourage repeat offenses, as DUIs pose public safety risks to the offender, other motorists, pedestrians, and structures around. This also reflects the state's non-tolerance for repeat DUI violations.

Is a 2nd DUI a Felony in Montana?

No. In Montana, a second DUI is a misdemeanor. However, if a DUI results in bodily injury or death to another person, the offender may be charged with negligent vehicular assault under Mont. Code § 45-2-205 or vehicular homicide under Mont. Code § 45-5-106, respectively. Both offenses are classified as felonies.

What is the Lookback Period for a Second DUI in Montana?

Per Mont. Code Ann. § 61-8-1011(1)(b), the lookback period for a second DUI in Montana is 10 years. This means that if less than 10 years have passed since a person's first DUI offense, it will count toward sentencing, and their current DUI will be treated as a second offense.

What Are The Aggravating Factors in a Second DUI?

In Montana, aggravation factors in a second DUI result in additional or enhanced penalties, such as longer imprisonment sentences, higher fines, license suspension, and felony charges. Some examples of these factors include, but are not limited to:

• BAC of 0.16 or more
• Refusing to give a breath sample
• Death or bodily injury to another person
• Having a prior DUI conviction or pending charge
• Having a passenger under 16 years at the time of the offense.
• Being subject to an ignition interlock device (IID) at the time of the offense.

What Happens If You Get a 2nd DUI/DWI in Montana

Possible penalties for a second DUI in Montana include:

• One (1) year license suspension
• Seven (7) days to one (1) year Imprisonment
• A minimum fine of $1,200 and a maximum of $2,000
• Mandatory chemical dependency treatment course (depending on the offender's chemical dependency at the time of conviction)
• If the court recommends a probationary license, the offender's vehicle must be equipped with a functioning ignition interlock device during the probationary period.

Per Mont. Code § 61-8-1007, if the offender had a passenger under 16 years at the time of the second DUI offense, they will face 10 days to one (1) year imprisonment and a fine of $2,000 to $4,000. Meanwhile, the penalty for a second offense charged as an aggravated DUI is 15 days to one (1) year imprisonment and a $2,500 fine. However, if a person under 16 years old is in the vehicle when the second aggravated offense is committed, the offender will face a minimum jail time of 45 days and a fine of $5,000.

How Long Does a Second DUI Stay On Your Record in Montana?

In Montana, a second DUI can remain on an offender's criminal record indefinitely. Notwithstanding, per Mont. Code Title 46, Chapter 18, Part 1, the offender can petition a district court to expunge the DUI conviction to get it removed from their record, provided:

• It is a Misdemeanor offense.
• They have not been convicted of any other offense within five (5) years after completing the terms of the DUI conviction.
• They are not currently being detained or have any pending charges for a new offense.

How Much Does a Second DUI Cost in Montana?

Generally, a second DUI in Montana is subject to a minimum fine of $1,200 and a maximum fine of $2,000. However, aggravating factors can significantly increase these fines. For instance, if the offender had a passenger under 16 years old at the time of the second DUI offense, a fine between $2,000 and $4,000 will be imposed. Meanwhile, a standard fine of $2,500 applies if the second DUI is charged as an "aggravated DUI", and the fine increases to $5,000 if the offense involves a passenger under 16 years old. A second DUI may also be subject to other costs, including but not limited to:

• Court fees
• Jail booking fees
• Penalty assessment
• Increased insurance cost
• License reinstatement fee
• Mandatory alcohol education class

Chances of Going to Jail for a Second DUI in Montana

An offender faces seven (7) days to one (1) year Imprisonment for a second DUI in Montana. However, aggravating factors can warrant longer sentences. For instance, offenders can face up to 30 years of imprisonment for a DUI that causes someone's death.

Driver's License Suspension for a Second DUI in Montana

In Montana, a second DUI violation can result in a driver's license suspension of up to one (1) year. Suppose the offender was operating a commercial motor vehicle with a BAC of 0.04 or more. In that case, their license may be suspended for life, and they may be reconsidered for reinstatement after 10 years.

On the court's recommendation, an individual charged with a second DUI violation may be permitted to apply for a probationary license during their license revocation period. This license will enable them to drive non-commercial vehicles for essential purposes only. However, they must wait 90 days before applying and adhere to the court order, such as installing an Ignition Interlock Device (IID) on their vehicle or completing alcohol treatment. For further inquiries about obtaining a probationary license, interested persons can contact the Montana Records and Driver Bureau at:

Records and Driver Control Bureau
303 North Roberts
Helena, MT 59601
Phone: (406) 444-3289

Ignition Interlock Device Requirement

An Ignition Interlock Device (IID) is installed in a vehicle to restrict it from being operated by an individual with a high BAC level. It consists of a breathalyzer that a driver must blow into before they can start a vehicle that has been equipped with it. Generally, when an individual has their license suspended due to a second DUI, a court can order them to install an IID on their vehicle before they can obtain a probationary license. The IID typically remains through the offender's license suspension period, and they are tasked with paying for its installation, monthly maintenance, and eventual removal.

DUI School and Substance Abuse Treatment

Under Montana Laws, individuals convicted of a second DUI offense may be required to complete the Assessment, Course, and Treatment (ACT) phases as part of their penalties. ACT aims to inform and emphasize the consequences of a DUI conviction to interrupt an offender's cycle of driving impaired.

As stated, ACT has three phases: assessment, course, and treatment. The assessment determines whether an offender is chemically dependent. The course consists of 12 hours of education about Montana laws, the repercussions of DUI, and the effects of drugs/alcohol on an individual's driving, physiology, and choices. Lastly, treatment is recommended based on the level of the individual's chemical dependency, determined by the assessment.

Offenders are typically required to complete the ACT before applying for a probationary license (if a court recommends it) or license reinstatement.

Probation Conditions

The probation conditions imposed on offenders for a second DUI in Montana may vary, depending on different factors, such as their BAC level at the time the offense was committed. Breaking any of these conditions may result in more penalties. Some of the most common probation conditions include, but are not limited to:

• Reporting to a probation officer
• Prohibition from drinking alcohol
• Random drug and alcohol testing
• Installation of an Ignition Interlock Device (IID)
• Mandatory completion of Assessment, Course, and Treatment (ACT) phases

Community Service Requirements

At the court's discretion, an offender may be required to serve up to one (1) year of community service as part of the punishment for a second DUI offense per Mont. Code § 46-18-201. These community service activities include volunteering in senior homes or homeless shelters, participating in community cleanups, and supporting educational programs.

Impact on Auto Insurance

Generally, repeat DUI offenders are viewed as high-risk customers by insurance providers. As a result, most insurance providers typically re-evaluate an individual's insurance policy after a second DUI conviction. This can result in loss of discounts formerly offered, rate increases, and, in extreme cases, policy cancellation or non-renewal. Additionally, individuals whose license has been suspended may be required to file an SR-22 for reinstatement. An SR-22 is a certificate of financial responsibility issued by an insurance provider, and an SR-22 requirement may lead to higher insurance premiums and additional fees.

Which Courts Handle DUI Cases in Montana?

In Montana, DUI cases may be handled by District, Justice, City, or Municipal courts, depending on the case's specifics. Some prominent courts that handle DUI cases in Montana include:

Lewis and Clark County District Court
Lewis and Clark County Courthouse
228 Broadway,
Room 104,
P.O. Box 158,
Helena, MT 59624
Phone: (406) 447-8216
Fax: (406) 447-8275

Lewis and Clark County Justice Court
Lewis and Clark County Courthouse
228 Broadway,
Room 102,
Helena, MT 59601
Phone: (406) 447-8201 (Civil, Small Claims)
Phone: (406) 447-8202 (Criminal)
Fax: (406) 447-8269

East Helena City Court
306 East Main,
P.O. Box 1170,
East Helena, MT 59635
Phone: (406) 227-5321

Helena Municipal Court
Lewis and Clark County Courthouse 228 Broadway,
Helena, MT 59601
Phone: (406) 447-8466
Fax: (406) 447-8265

Yellowstone County District Court
Yellowstone County Courthouse
217 North 27th Street,
P.O. Box 35030,
Billings, MT 59107
Phone: (406) 256-2851 (Civil)
Fax: (406) 256-2995 (Probate)
Phone: (406) 256-2865 (Probate)
Fax: (406) 256-2995 (Probate)
Phone: (406) 256-2860 (Criminal)
Fax: (406) 256-2995 (Criminal)

The primary role of the Montana Motor Vehicle Division (MTMVD) regarding DUI violations is administering administrative penalties, such as license suspensions, revocations, and reinstatements. The MTMVD also oversees Ignition Interlock Device (IID) requirements.

Can You Get a DUI on a Horse in Montana?

No. Montana does not have a specific law against riding a horse while under the influence of drugs or alcohol, as the term vehicle used in Montana DUI law does not include a horse. Nonetheless, a rider may be charged with other crimes under Montana Law for riding a horse while under the influence, such as public intoxication.