Montana DUI Laws

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The maximum prescribed legal BAC limit in Montana is 0.08% per se
(effective from Apr 15th 2003)

(If you’ve been charged with Montana DUI, the law allows 30 days for your Montana DUI Lawyer to make a request with the Montana MVD (Motor Vehicle Division) for a hearing to save your driving license)

Montana DUI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Montana it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

ALL DRIVERS - POTENTIAL DUI - BAC LIMIT BETWEEN 0.04% and 0.079%
Potential DUI if BAC (blood alcohol content - concentration) was between 0.04% and 0.079% (depending on circumstance)

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It is a crime to refuse to submit to a chemical test in Montana and implied consent laws are enforced.

BLOOD ALCOHOL CONTENT CALCULATOR Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!

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Penalties for DUI - Drunk Driving in Montana

Montana is a state with a five-year ‘washout period,’ also known as a 'look back period', this means that a prior conviction is not admissible after five years. If it is five years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within five years of the first DUI, they are considered guilty of a second offense and are subjected to harsher punishments.

For a fourth or subsequent offence the look back period is a persons lifetime.

First DUI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first DUI - drunk driving conviction in Montana:

• $300 to $1,000 fine ($600 to $2,000 if passenger under 16 in vehicle)
• 1 day to 6 months in jail (2 days to 12 months if passenger under 16 in vehicle)
• 6 months drivers license suspension
• SR22 insurance requirement

Second DUI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a second DUI - drunk driving conviction in Montana:

• $600 to $1,000 fine ($1,200 to $2,000 if passenger under 16 in vehicle)
• 7 days to 6 months in jail (14 days to 12 months if passenger under 16 in vehicle)
• 1 years drivers license suspension
• possible ignition interlock restriction
• possible vehicle forfeiture
• SR22 insurance requirement

Third DUI - Drunk Driving Conviction - Misdemeanor

The penalty for a third DUI - drunk driving conviction in Montana:

• $1,000 to $5,000 fine ($2,000 to $10,000 if passenger under 16 in vehicle)
• 30 days to 1 year in jail (60 days to 12 months if passenger under 16 in vehicle)
• minimum 1 years drivers license suspension
• possible ignition interlock restriction
• possible vehicle forfeiture
• SR22 insurance requirement

A 4th drunk driving conviction in the State of Montana is a felony, the convicted driver could receive up to 5 years in jail and a $10,000 fine.

Implied consent LAWS

It is a crime to refuse to submit to a chemical test in Montana and implied consent laws are enforced.

Penalties for refusing to submit to a chemical test in Montana

In Montana, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.

First chemical test refusal

• 6 months drivers license suspension
• SR22 insurance requirement

Second and subsequent chemical test refusal

• 1 year drivers license suspension
• possible ignition interlock restriction
• SR22 insurance requirement

Refusal to submit to the preliminary alcohol screening test at the roadside can also lead to a drivers license suspension of up to 1 year.

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Montana Auto insurance (High Risk DUI SR22 Insurance)

Montana auto insurance quotes ZIP Code

Montana SR-22 auto insurance is usually required for a period of 3 years after a DUI - drunk driving - alcohol related driving conviction and can be very expensive if you go with the wrong provider.  Some insurance companies will not even do an SR22 insurance filing. Get a FREE SR22 DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Montana auto insurance in a matter of minutes.

Minimum liability insurance requirements for private passenger vehicles in the state of Montana

The minimum mandatory liability insurance coverage required in the state of Montana for private passenger vehicles is (25/50/10). This equates to the following liability coverage:

• $25,000 bodily injury liability (BIL) per person
• $50,000 for two or more people in one accident
• $10,000 property damage liability (PDL) coverage

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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FREE DUI / DWI Case evaluation & by local Montana Lawyer

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Protect your rights! Talk to a local DUI lawyer Montana DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Montana drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay. Talk to a local Montana Drunk Driving Attorney as soon as possible to gather important information such as: • What penalties do you face if convicted of DUI in Montana? • What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Montana? • Does Montana have a mandatory ignition interlock device law? • Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Montana laws and procedures ? • When and how can you get your driver’s license reinstated in Montana? It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Montana criminal defense attorney specialising in Montana drunk driving laws today.

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Disclaimer: While every effort is made to keep all information up to date, the Montana drunk driving laws change frequently and the information provided should not be construed as legal advice. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local Montana DUI lawyer is recommended in all cases.

Useful Montana DUI Links:

DUI - Drunk Driving Laws in Montana

Montana Drivers Manual

Montana SR22 Insurance Requirement

Montana MVD (Motor Vehicle Division)

Montana Department of Transportation

Montana Insurance

Montana Courts Judicial Branch

Montana DUI Lawyers

Montana DUI discussion forum

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