MONTANA DUI PENALTIES
The penalties for a Montana DUI can be harsh therefore it is extremely important to be aware of these penalties should you find yourself in the unenviable position of being charged with a DUI. In addition to being well aware of the specific penalties you could face if charged with a Montana DUI, it is equally important to ensure you have an experienced Montana DUI attorney by your side who will fight for your rights, your freedom and your future.
Montana DUI Penalties include the following:
First Offense Montana DUI Penalties
If you are convicted of a first-time DUI in the state of Montana, you could face the following penalties:
- Jail—You could be incarcerated for two days to six months for a first-time Montana DUI conviction.
- Fines—You could face fines from $300 to $1,000 for a first-time Montana DUI conviction.
- License Suspension—You could have your license suspended for six months for a first Montana DUI conviction.
- Ignition Interlock Device—You could possibly have to have an ignition interlock device installed in your vehicle, even if this is your first Montana DUI conviction.
- Refusal—If you refuse to take a chemical test, your driver’s license will be suspended for six months for your first Montana DUI conviction.
Second Offense Montana DUI Penalties
If you are convicted on a second DUI, the penalties will increase:
- Jail—You could spend from 7 days to six months in jail for a second Montana DUI conviction.
- Fines—You could be fined from $600-$1,000 for a second Montana DUI conviction
- License Suspension—You could lose your license for an entire year for a second Montana DUI conviction.
- Ignition Interlock Device—For your second Montana DUI conviction, you will be required to have an ignition interlock device installed on your vehicle, and you will be responsible for paying to have the device installed as well as a monthly fee.
- Refusal—If you refuse a chemical test, you will lose your driver’s license for one year for a second Montana DUI.
Third Offense Montana DUI Penalties
If you are convicted for a third DUI, your penalties will be even more severe than those for a first or second Montana DUI conviction. These penalties include:
- Jail—You will spend thirty days to one year in jail for a third Montana DUI conviction.
- Fines—Your fines for a third Montana DUI conviction will increase dramatically, from $1,000-$5,000.
- License Suspension—For a third Montana DUI conviction, you will lose your driver’s license for one year.
- Ignition Interlock Device—A third Montana DUI conviction will result in your being required to have an ignition interlock device installed on your vehicle at your expense.
- Refusal—If you refuse a chemical test for a third Montana DUI you will have your driver’s license suspended for a year.
Penalties for a Fourth or Subsequent Montana DUI Conviction
If you are charged with a fourth or subsequent DUI in the state of Montana, you will face felony charges, and, if convicted, you could be sentenced to as much as five years in jail and be assessed a $10,000 fine. The “lookback period” for DUIs in the state of Montana is 10 years—meaning the period of time that prior DUIs are relevant when considering sentencing.
In some cases, your Montana DUI attorney could potentially plea bargain your DUI charges down to a “wet reckless,” which is a reckless driving conviction which involves alcohol. If there was a passenger in your vehicle at the time of your DUI arrest, and that passenger was under the age of 16, if convicted you will serve a minimum of 60 days in jail, and a maximum of 12 months. Your fine for this offense could be from $2,000- $10,000.