First Offense DUI in Montana

First DUI in Montana carries the prospect of both criminal and administrative penalties for defendants. The penalties noted below do not address those applicable to commercial driver’s license holders, juvenile offenders, or underage drinkers in violation of zero tolerance laws. Likewise, the state of Montana employs implied consent laws, with refusals to submit resulting in an automatic license suspension of six (6) months.

Administrative Penalties

• First offense DUI in Montana results in an administrative license suspension of six (6) months

• On a case-specific basis, ignition interlocks may be required for first offenders wishing to reinstate their license in Montana, and in addition, offenders may be able to obtain a probationary license during the suspension period, likely incurring the conditional use of an ignition interlock device

• Completion of an alcohol/substance use dependency assessment and education course required for all suspension reinstatements as well, often a feature of the criminal penalties in any case

Criminal Penalties

• First offense DUI in Montana results in mandatory minimum periods of incarceration of one (1) day with potential of up to six (6) months. If offender arrested with minor (person under age of 16) present in vehicle, mandatory incarceration of two (2) days with potential of up to one (1) year

• Fines range from minimum of $300 to maximum of $1000, which are doubled if minor is present in vehicle at time of arrest. These fine amounts do not include costs incurred during completion of sentence, such as probation visits and assessments, or costs involved in reinstatement of license

• Convictions of first offense DUI in Montana are counted against future arrests and charges for DUI for a period of five (5) years

Getting Legal Help

For more information and insight into the first DUI process in Montana, including whether case-specific elements may present the ability to negotiate a plea option involving reduction of charges to a lesser criminal offense, consult with a Montana DUI lawyer.