Montana DUI Punishment
Montana DUI punishment includes fines, jail time, substance abuse treatment, and driver’s license suspensions or revocations. Ignition interlock devices may also be installed. These devices require the driver to pass a breath test before starting the car to ensure they are alcohol-free.
If you are arrested for DUI in Montana, contact an experienced attorney immediately.
Implied Consent for Blood or Breath Testing
Montana DUI law states that anyone driving in the state has consented to a blood or breath test if arrested for DUI. Drivers must also agree to take a Preliminary Alcohol Screening (PAS) test. This test is required if a law enforcement officer suspects alcohol impairment.
Consequences of Refusing a PAS Test
Refusal to take the PAS test can lead to a license suspension of up to one year.
Montana DUI laws provide that it is illegal to drive (or be in actual physical control) of a vehicle while having a blood-alcohol level or blood alcohol content (BAC) of .08% or higher. Montana DUI laws prohibit drivers under the age of 21 from having a BAC of .02% or higher. The law aims to prevent underage drinking and driving. Violating this law can result in serious penalties, including license suspension. Drivers under 21 should be aware of the strict BAC limit to avoid legal consequences.
Montana DUI law defines “under the influence” as when alcohol, drugs, or a combination of both impairs a person’s ability to safely operate a vehicle.
DUI prosecutions typically aim to prove that a person is under the influence or that their ability to safely operate a vehicle has diminished by driving pattern, physical appearance, performance on field sobriety tests, and chemical test results.
Montana DUI punishment includes fines, jail time, substance abuse treatment programs, driver’s license suspensions, and revocations, and ignition interlock devices being installed. Ignition interlock devices are breath testing devices installed in a car. They prevent the car from starting unless the driver demonstrates they are alcohol-free through a breath test.
Montana DUI law also significantly increases punishment in Montana drunk driving cases where the driver has an alcohol level of .16% or higher. This is considered to be an aggravated DUI under Montana law and results in increased Montana DUI punishment.
Commercial drivers in Montana face additional punishment if convicted of a DUI or other drunk driving-related crime in Montana. Montana DUI law mandates a suspension for commercial license holders convicted of DUI. In some cases, the suspension could be for life.
If you or someone you care about faces DUI charges in Montana, contact a qualified DUI defense attorney right away to protect your rights.
