1. What are the minimum and maximum penalties for a first time DUI offense in Montana?

The minimum penalty for a first time DUI offense in Montana is a fine of up to $500, up to 6 months in jail, and a 6 month driver’s license suspension. The maximum penalty for a first time DUI offense in Montana is a fine of up to $1,000, up to 1 year in jail, and a 1 year driver’s license suspension.

2. What is the legal Blood Alcohol Content (BAC) limit in Montana?

The legal Blood Alcohol Content (BAC) limit in Montana is 0.08%.

3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Montana?

Yes, it is a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Montana. The penalty for refusing can include a fine, jail time, license suspension and/or an ignition interlock device.

4. How long does a DUI conviction stay on an individual’s record in Montana?

A DUI conviction in Montana will stay on an individual’s record for 10 years.

5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in Montana?

No, there are no exceptions to the zero tolerance policy on underage drinking and driving in Montana. It is illegal for anyone under the age of 21 to operate a motor vehicle with any detectable amount of alcohol in their system.

6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in Montana?

Yes, there are restrictions on the sale or possession of alcohol for drivers under 21 years of age in Montana. It is illegal for anyone under 21 years of age to purchase, possess, or consume alcohol. Additionally, it is illegal for anyone to give alcohol to someone under 21 years of age.

7. Are there any ignition interlock laws in Montana?

Yes. According to the Montana Department of Justice, Montana has an Ignition Interlock Law that requires anyone convicted of Driving Under the Influence of Drugs or Alcohol (DUI) to have an ignition interlock device installed on their vehicle before they can drive again. This law became effective on October 1, 2011 and applies to all vehicles owned and operated by a person convicted of DUI in Montana.

8. What type of license suspension is issued for a DUI conviction in Montana?

In Montana, a DUI conviction will result in a 90-day license suspension for a first offense, with longer suspensions for subsequent offenses.

9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Montana?

Yes, an individual in Montana who is charged with a DUI may be required to attend drug and alcohol classes or treatment programs. In Montana, the court may require that individuals convicted of DUI be evaluated for and complete a substance abuse program approved by the department of public health and human services. Additionally, those convicted may be required to attend a victim impact panel (VIP) which is a two-hour session provided by the state that focuses on the impact of drunk driving on victims, their families and their communities.

10. Does Montana have an implied consent law for chemical testing after a DUI arrest?

Yes, Montana has an implied consent law for chemical testing after a DUI arrest. The law states that any person operating a motor vehicle within the state of Montana is deemed to have given their consent to one or more tests of their blood or breath for the purposes of determining the alcohol content of their blood or breath.

11. Are there any laws requiring sobriety checkpoints or roadblocks in Montana?

No, Montana does not have any laws requiring sobriety checkpoints or roadblocks. However, law enforcement officers in Montana may set up sobriety checkpoints or roadblocks, provided they follow certain guidelines. These guidelines are outlined in the Montana Code Annotated (MCA) 46-5-401.

12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in Montana?

Yes, Montana has restrictions on the types of vehicles a person may operate following a DUI conviction. A person with a DUI conviction may be prohibited from operating any commercial motor vehicle (CMV) for one year following the conviction. Additionally, a person may also be prohibited from operating any motor vehicle that requires an enhanced driver’s license for one year following the conviction.

13. Is it possible to have a DUI charge reduced to a lesser offense in Montana?

Yes, it is possible to have a DUI charge reduced to a lesser offense in Montana. The circumstances of the case will determine if a plea bargain can be reached. In certain cases, the prosecutor may be willing to reduce a DUI charge to a lesser offense such as reckless driving or careless driving. It is important to contact an experienced criminal defense attorney who can help negotiate a reduction of the charge.

14. What is the legal limit for open containers of alcoholic beverages while driving in Montana?

It is illegal to possess an open container of alcoholic beverages while driving in Montana.

15. Does insurance coverage change after a DUI conviction in Montana?

Yes, insurance coverage does change after a DUI conviction in Montana. An individual convicted of a DUI will face higher premiums, a cancellation of their policy, or even the inability to get insurance in Montana.

16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in Montana?

No, driving with a revoked license resulting from a DUI conviction is a criminal offense in Montana and there are no circumstances where it would be considered legal.

17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Montana?

Yes. In Montana, it is illegal to operate a vehicle without liability insurance after being convicted of a DUI. Additionally, the minimum required liability insurance for drivers convicted of a DUI in Montana is $50,000/$100,000 uninsured motorist coverage.

18. Is plea bargaining allowed for DUI cases in Montana?

Yes, plea bargaining is allowed for DUI cases in Montana. However, it is important to note that plea bargains are at the discretion of the prosecutor and often require that the defendant plead guilty to a lesser offense such as reckless driving in exchange for a reduced sentence.

19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Montana?

In Montana, individuals have 15 days from the date of the notice to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction.

20. Does Montana offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?

Yes, Montana offers an Ignition Interlock Device (IID) program to individuals convicted of DUI. The IID program requires that an individual install an IID in their vehicle, which will prevent the vehicle from starting if the individual has been drinking. Individuals must also complete an alcohol treatment program and pay all fines and fees associated with their DUI conviction in order to participate in the IID program and have their driver’s license reinstated.