DUI Law in Montana

What is ‘legally drunk’ in Montana

For driver under 21 years, the state considers them legally drunk when their blood alcohol level is more than .02, for non-commercial drivers above 21 years; they are legally drunk when their blood alcohol level is more than .08. On the other hand, commercial vehicle drivers are considered legally drunk when blood alcohol level is more than .04. In Montana, school bus drivers are commercial drivers.

Montana Drunk Driving Penalties

For first time DUI offenders in Montana, they face the following penalties:

• A prison sentence of up to 6 months
• A fine ranging from $300 to $1,000
• The revocation period for the offender’s  driver’s license is 6 months

 
However, if at the time of the offence the offender had a passenger that is under 16 years, he/she will be imprisoned to a maximum sentence of 1 year and subjected to pay a fine ranging from $600 to $2,000.

For second time offenders, they face:

• Up to one year prison sentence
• A fine ranging from $600 to $1,000
• The revocation period for the offender’s  driver’s license is 1 year

 
Nevertheless, if at the time of the offence the offender had a passenger that is under 16 years, he/she will be imprisoned to a maximum sentence of 1 year and subjected to pay a fine ranging from $1,200 to $2,000.

For third time offenders, they face the following penalties:

• A prison sentence of up to one year
• A fine ranging from $1,000 to $5,000
• The revocation period for the offender’s driver’s license is 1 year

 
However, if at the time of the offence the offender had a passenger that is under 16 years, he/she will subjected to pay a fine ranging from $2,000 to $10,000.

For a fourth or subsequent conviction, the offender faces:

• More than one year prison sentence in a correctional facility
• A fine ranging from $1,000 to $10,000
• 13 months in an  alcohol treatment program approved by the Montana’s Department of Corrections
• The suspension period for the offender’s driver’s license is 5 years
• The driver’s license revocation period is 1 year

The Point System in Montana

The point system is used by the Montana Motor Vehicle Division (MVD) to track traffic violations. Anytime you receive a traffic ticket points are added to your driving record. For a DUI conviction you get 10 points.