Montana DUI Laws

In the state of Montana you will be charged with Driving Under the Influence (DUI) if your Blood Alcohol Content (BAC) is 0.08%, the minimum BAC known to impair everyone.

First Montana DUI Offense

• 1 day to 6 months imprisonment
• 2 days to 12 months imprisonment if minor under 16 present in vehicle
• $300 to $1000 fine
• $600 to $2000 fine if minor under 16 present in vehicle
• 6-month license suspension
• Completion of chemical dependency education course or treatment
• Possible ignition interlock
• Possible restricted license

Second Montana DUI Offense

• 7 days to 6 months imprisonment
• 14 days to 12 months imprisonment if minor under 16 present in vehicle
• $600 to $1000 fine
• $1200 to $2000 fine if minor under 16 present in vehicle
• 1-year license suspension
• Possible restricted license after 45 days if offender pays for ignition interlock or forfeits vehicle
• Completion of chemical dependency education course or treatment

Third Montana DUI Offense

• 30 days to 1 year imprisonment
• 60 days to 12 months imprisonment if minor under 16 present in vehicle
• $1000 to $5000 fine
• $2000 to $10,000 fine if minor under 16 present in vehicle
• 1-year license suspension
• Possible restricted license after 45 days if offender pays for ignition interlock or forfeits vehicle
• Completion of chemical dependency education course or treatment

Montana’s implied consent law means that if you are pulled over for suspected DUI and you refuse to submit to a test, your license will be suspended for 6 months. Any subsequent refusals will result in a 1-year suspension. You may also be ordered to have an ignition interlock installed at your expense.