drunk driving laws

Montana DUI Laws & Montana DUI Attorneys

     Blood-alcohol content is a common preference towards testing against driving under the influence in most states. What follows suit if found guilty includes, the jail term that could go beyond one year, having your license suspended including community service as well as hours of education on the same. In Montana, you are charged and convicted on DUI if your BAC registers 0.08 percent or more which is also a common value within most states. The implied consent law also applies in Montana, which means you are obligated to consent and submit your BAC test.

   The testing in Montana involves urine, blood as well as breath. The jail term for first-time offenders can be between one day and sixty days in addition to having their licenses suspended for up to six months. Generally, the more your convictions on the same charge the more the consequences will be and thus elevated jail term, fines and even license suspension. There will also be effects on your insurances.


You can be arrested for a DUI in the state of Montana if your blood alcohol content (BAC) is .08% or higher. Montana has an implied consent law, which means that you must consent to have your blood, breath, or urine tested for alcohol content. You can refuse, but you will face strict consequences if you do.

Also, if you are driving and appear to be impaired, you can still be arrested for a Montana DUI without having a BAC of .08%. Drivers who are driving with a BAC between .04% and .08% can be arrested if there is sufficient evidence to suggest that their driving is impaired.

DUI Arrests in Montana

When you are pulled over for suspicion of DUI, the officer will ask you to perform a series of field sobriety tests. If you fail the field sobriety tests, you will be asked to submit to a BAC test. If you are arrested for a Montana DUI, you will want to contact an attorney right away in order to protect your ability to drive. The attorney will help you file any necessary paperwork on time so that you can drive while you await your DUI trial.

If your BAC was not .08% or higher, the prosecution in your case will have to prove that your driving was, in fact, dangerous. This can be difficult to do, and a skilled lawyer will help you to get the best possible outcome on your case, particularly if you had a lower BAC level. Keep in mind that you can also be arrested and charged a fine if you are caught driving with an open container of alcohol in your vehicle.

Basic Consequences for First Time Offenders

First time offenders with a BAC lower than .16% will face the following consequences:

If your BAC is over .18%, you will face stricter consequences. You will be charged with an aggravated DUI and will have an ignition interlock device installed on your car. This device will keep you from starting your vehicle if your breath registers a BAC higher than .02%. Subsequent offenses also face stricter consequences.

License Suspensions for Montana DUI

Besides the fines and jail times associated with a Montana DUI arrest, you will also lose your right to drive. If you refuse to submit to a BAC test, you will automatically lose your license for one year. Otherwise, license suspensions are as follows:

If you are given the option of probation as part of your sentence you can get a probationary license that will allow you to drive to and from work and school. Having a qualified Montana DUI lawyer working with you on your case will help ensure that probation is granted. When you are done serving your suspension time, you will have to pay a high fee to get your license back.

Insurance Consequences

Also, in order to get your license back after a Montana DUI arrest, you will have to prove that you have insurance, which can be difficult. Your current insurance company is likely to drop your account as a result of your DUI conviction. If you are not dropped completely from your current carrier, you can expect the cost of your insurance to rise quite a bit after your arrest.

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