Have you recently been pulled over and cited for an Montana DUI Offense? If you’ve just been charged with this offense it’s absolutely critical that you learn how to protect not only your freedom but your driving privilege, future employment opportunities, auto insurance payments and criminal record as well. More importantly there is immediate action you can take to save your license and then minimize the damage done to your personal life so that you will be be able to clear the Montana DUI from your record completely. When you’ve been arrested for an Montana DUI – you need to know the real information that will protect your rights, make sure you are treated fairly, and gets the results in dismissing charges.
Protect your rights and learn how to get your Montana DUI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation Form to get the answers you need.
You still have a chance to improve your situation once you learn the steps needed to eliminate your Montana DUI charges. Montana DUI penalties have become inflated calculations by the court system favored towards the courts themselves and attorneys specializing in this field. DUIRights.com has helped thousands of people just like you. Good people with families, jobs, and friends. People who are now facing one of the worst days of their lives after being charged with DUI. We sincerely believe that people who make a mistake shouldn’t have to pay for it the rest of their lives.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed.
DUI Laws in Montana
Montana has an aggressive DUI structure. Penalties for first time offenders are significant and every offense thereafter escalates the fines even more. In addition, the state offers the possibility of an ignition interlock device (IID) on the very first offense. If you are arrested and charged with a DUI in Montana, you will more than likely need an attorney.
Consequences for Refusing to Take Chemical Tests
As is every other state in the country, Montana is an implied consent state. This means that while you can refuse to take chemical tests, you will face fines and a license suspension for doing so. These penalties are in place regardless of the outcome of your DUI case in court.
- First offense – six-month suspension
- Second offense – one-year suspension
- Third offense – one-year suspension
Challenging BAC Levels in Court
Montana is a zero-tolerance state for under-21 drivers. For 21 and older drivers as well as commercial drivers, the BAC levels are consistent with most states in the country:
- Drivers that are under the age of 21, 0.0 percent, zero tolerance
- Drivers 21 years of age and older, .08 percent
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in Montana
All individuals arrested and convicted of a DUI in Montana will receive a jail sentence. Please note that a fourth conviction is a considered a felony and may result in up to five years in prison:
- First offense – two days to six months in jail
- Second offense – seven days to six months in jail
- Third offense – 30 days to one year in jail
In 2013, Montana changed the lookback period for sentencing from five years to ten years.
Monetary Fines and Penalties for DUI in Montana
Minimum fines in Montana are on par with most other states, but maximum fines and penalties are significantly higher:
- First offense – minimum of $300 fine with a maximum of $1,000
- Second offense – minimum of $600 with a maximum of $1,000
- Third offense – minimum of $1,000 with a maximum of $5,000
License Suspension for DUI in Montana
Anyone arrested and convicted of a DUI in Montana will face automatic jail time:
- First offense – six-month license suspension
- Second offense – one-year license suspension
- Third offense – one-year license suspension
First time offenders may be required to have an IID installed at the discretion of the court. For all repeat offenders, an IID is mandatory.
Finding a DUI Lawyer in Montana
With significant jail time and monetary fines at risk, anyone arrested and charged with DUI in Montana should hire an attorney if there is any hope of winning the case in court. Another possibility to avoid DUI charges is to have the attorney plead out to a lesser charge of wet reckless. While you will still face penalties and fines, they will not be as significant as DUI penalties. For more information and to find a licensed, local attorney, please fill out the FREE DUI Arrest Evaluation Form!