Montana

montanaMontana State Law

Montana has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.

Administrative License Revocation (ALR) Procedures
Montana Motor Vehicle Division (MVD)
Montana is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device (IID), and alcohol and drug rehabilitation.

You will be given a 30 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 31st day for up to one year. After the suspension period, you will have a restricted license allowing you to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court approved locations and emergencies.

Remember that this is a separate case than the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

Judicial Procedures
In Montana, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher on their second offense.

License Revocation, Fines and Jail

  • First Offense – Misdemeanor: $300 to $1,000 fine, 24 hours to 6 months imprisonment, 6 months license suspension (may be eligible for restricted probationary license with or without an ignition interlock after first 45 days of suspension), alcohol assessment, and possible chemical dependency education and/or treatment course.
  • Second Offense – Misdemeanor: $600 to $1,000 fine, 7 days to 1 year imprisonment, 1 year license suspension (may be eligible for ignition interlock restricted probationary license after first 45 days of suspension), alcohol assessment, must complete chemical dependency education and/or treatment course before license will be reinstated, and possible participation in 24/7 sobriety program.
  • Third Offense – Misdemeanor: $1,000 to $5,000 fine, 30 days to 1 year imprisonment, 1 year license suspension (may be eligible for ignition interlock restricted probationary license after first 90 days of suspension), alcohol assessment, must complete chemical dependency education and/or treatment course before license will be reinstated, and possible participation in 24/7 sobriety program.
  • Fourth and Subsequent Offense – Felony: $1,000 to $10,000 fine, up to 5 years in Montana state prison, at least 1 year license revocation, alcohol assessment, must complete chemical dependency education and/or treatment course before license will be reinstated, and possible participation in 24/7 sobriety program.
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