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Man convicted of 7 DUIs now charged with another

Man already convicted of 7 DUI\'s now facing another.

Montana DUI Law Information

Drivers arrested for driving under the influence of alcohol or drugs (DUI) in Montana may be charged with DUI and face jail time, fines, and a driver’s license suspension.

Montana DUI defined

It is illegal in the State of Montana for a person to drive or be in actual physical control of a vehicle upon the ways of the state open to the public if they are under the influence by alcohol, drugs, or any combination of alcohol and drugs and the person's ability to safely operate a vehicle has been diminished. It is also illegal to operate a motorized vehicle if a driver’s blood alcohol concentration is 0.08 or more.

Montana Look Back period: 10 years for a second DUI; lifetime look back for third and subsequent convictions

If a driver is convicted of a second DUI in less than 10 years from the date of the previous offense their penalties and fines may be enhanced. There is not, however, a limitation for a third DUI or subsequent convictions, regardless of time passed (§ 61-8-734, MCA).

Criminal DUI Penalties in Montana

First DUI offense:
(Misdemeanor)

  • Sentenced to 24 hours up to six months in jail
  • Fines of $600 to $1,000
  • Six month driver’s license suspension
  • Probationary license may be allowed under specific conditions, although it is not allowed if the driver refused a chemical test
  • Potential installation of an ignition interlock device
  • 10 points added to the driver’s record
  • Following a conviction, all DUI offenders are court-ordered to participate in the ACT phases

Second DUI offense:
(Within 10 years)
(Misdemeanor)

  • Sentenced to 7 days up to one year in jail
  • Fines of $1,200 to $2,000
  • One year driver’s license suspension from the date of conviction
  • Probationary license may be allowed under specific conditions, although it is not allowed if the driver refused a chemical test
  • Potential installation of an ignition interlock device; driver must complete at least 45 days of the one year suspension
  • 10 points added to the driver’s record
  • Following a conviction, all DUI offenders are court-ordered to participate in the ACT phases followed by monthly monitoring for at least one year from the date of admission to the program.
  • Participation in 24-7 Sobriety Program

Third DUI offense:
(Misdemeanor)

  • Sentenced to 30 days up to one year in jail
  • Fines of $2,500 to $5,000
  • One year driver’s license suspension from the date of conviction
  • Probationary license may be allowed under specific conditions, although it is not allowed if the driver refused a chemical test
  • Potential installation of an ignition interlock device; driver must complete at least 90 days of the one year suspension
  • 30 points added to the driver’s record if deemed a “habitual offender”
  • Following a conviction, all DUI offenders are court-ordered to participate in the ACT phases followed by monthly monitoring for at least one year from the date of admission to the program
  • Participation in 24-7 Sobriety Program

 

Fines and penalties can be increased if driver is charged with an aggravated DUI which can include any of the following:

  • Already subject to ignition interlock restrictions 
  • Has a prior refusal to provide BAC evidence
  • Has a pending charge or prior DUI/BAC conviction
  • Was driving with a suspended or revoked driver license
  • Arrested with a BAC ≥ 0.16%

Administrative Penalties in Montana

Drivers in Montana have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties, which are administered by the Montana Department of Motor Vehicles (DMV) and are imposed regardless of whether the driver is ultimately convicted for DUI.

Drivers who refuse the chemical test after a DUI arrest will face a 90 day license suspension. Drivers who refuse a second test will have their driver’s license suspended for one year, and drivers who refuse a third time with have their license suspended for three years.

To challenge an administrative suspension, drivers must request an administrative hearing within 30 days from the date of their DUI arrest by contacting the Montana Department of Motor Vehicles (DMV).

(Read more: - state laws )





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