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Montana DUI Laws

Montana DUI Lawyers - Drunk Driving Attorneys

Montana
Montana

Montana DWI DUI Forum | SR22 Insurance Requirements

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

Cheap SR22 Auto Insurance Quotes for High Risk Drivers in Montana

Montana DUI Laws & BAC Limits | Montana DUI Penalties

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Montana Drunk Driving Statistics

Useful Montana DUI Links | Latest Montana DUI News


DUI - Drunk Driving Laws in other States


Montana Drunk Driving Laws

(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 is a member of the Interstate Drivers License Compact
An agreement between participating states to share information regarding certain types of convictions including DUI - DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver's home state will be notified. The type of action that the driver's home state will take will vary from state to state.

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.

!! CAUTION - Preliminary Alcohol Screening !!

Unlike most other states, Montana DUI law also provides that everyone who drives in Montana has given their implied consent not only to providing a chemical test when required but also to give a Preliminary Alcohol Screening test (or PAS test) at the roadside for the purpose of estimating the person's alcohol concentration. Refusal to take this PAS test can result in a license suspension for up to one year.

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

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Penalties for DUI - Drunk Driving in Montana

Montana is a state with a ten-year ‘washout period’ also known as a 'look back period'. A person is considered to have a previous conviction, for sentencing purposes, if less than 10 years has passed between the commission of the current offense and the previous conviction. This applies to second offenses only. If it is the persons third DUI related conviction then all previous in that persons lifetime will be taken into account for sentencing purposes.

NOTE: 3 DUI's within 3 years (habitual traffic offender)
A person who accumulates 30 points on their drivers license within a 3 year period for DUI and/or other violations will be declared as an 'habitual traffic offender', this will result in their drivers license being revoked for 3 years.

AGGRAVATED DUI: If a driver commits a DUI and:

(1) - the driver has a BAC of 0.16 or more; OR
(2) - the drivers license or privilege to drive is currently suspended, revoked or canceled for a DUI related offense; OR
(3) - the driver is under the requirement to have an approved ignition interlock device equipped; OR
(4) - the driver refuses testing and has previously refused testing within 10 years of the commission of the present offense; OR
(5) - has one previous DUI related conviction or pending charge within 10 years of the commission of the present offense; OR
(6) - has two or more prior convictions or pending charges, or combination thereof.

The penalty will include a maximum jail sentence of 1 year and a maximum fine of $1,000


First DUI - Drunk Driving Conviction - MISDEMEANOR

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

  • Fine: $300 to $1,000 fine
  • Jail: 24 hours to 6 months imprisonment
  • License Suspension: 6 months drivers license suspension (may be eligible for restricted probationary license with or without an ignition interlock after first 45 days of suspension)
  • alcohol assessment
  • possible chemical dependency education and/or treatment course
  • 10 points added to drivers license record
  • Montana SR22 insurance requirement

Second DUI - Drunk Driving Conviction - MISDEMEANOR

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

  • Fine: $600 to $1,000 fine
  • Jail: 7 days to 1 year imprisonment
  • License Suspension: 1 year drivers license suspension (may be eligible for ignition interlock restricted probationary license after first 45 days of suspension)
  • 10 points added to drivers license record
  • alcohol assessment
  • must complete chemical dependency education and/or treatment course before license will be re-instated
  • possible participation in 24/7 sobriety program
  • Montana SR22 insurance requirement

Third DUI - Drunk Driving Conviction - Misdemeanor

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

  • Fine: $1,000 to $5,000 fine
  • Jail: 30 days to 1 year imprisonment
  • License Suspension: 1 year drivers license suspension (may be eligible for ignition interlock restricted probationary license after first 90 days of suspension)
  • 10 points added to drivers license record
  • alcohol assessment
  • must complete chemical dependency education and/or treatment course before license will be re-instated
  • possible participation in 24/7 sobriety program
  • Montana SR22 insurance requirement

Fourth (and subsequent) DUI - Drunk Driving Conviction - FELONY

The penalty for a fourth (and subsequent) DUI - drunk driving conviction in Montana:

  • Fine: $1,000 to $10,000 fine
  • Jail: up to 5 years in Montana state prison
  • License Revocation: at least 1 year drivers license revocation
  • 10 points added to drivers license record
  • alcohol assessment
  • must complete chemical dependency education and/or treatment course before license will be re-instated
  • possible participation in 24/7 sobriety program
  • Montana SR22 insurance requirement

 

Implied consent LAWS

Implied Consent Chemical Testing

It is an offense 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.

NOTE: If the arrested person has refused to provide a breath, blood or urine sample in a prior investigation in Montana or under a substantially similar statute in another jurisdiction, or the arrested person has a prior or pending conviction for a DUI offense. A police officer may apply for a search warrant to be issued in order to collect a sample of the persons blood for testing.

NOTE: 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.

First chemical test refusal

Second (and subsequent) chemical test refusal

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Montana SR22 insurance (High Risk auto Insurance)

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Montana SR22 Insurance Quote Line - Toll Free


list of auto insurance companies we search to find you the best rate

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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Disclaimer: While every effort is made to keep all information up to date, the Montana drunk driving laws change frequently and the information provided on this web site should not be construed as legal advice, nor is it necessarily complete. 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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Latest Montana DUI News

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This RSS feed URL is deprecated, please update. New URLs can be found in the footers at https://news.google.com/news
Wed, 26 Sep 2018 09:32:12 GMT

Missoula commissioners to vote on DUI enforcement grant - NBC Montana


NBC Montana

Missoula commissioners to vote on DUI enforcement grant
NBC Montana
Day included will be those in the winter holiday season, Memorial Day and Labor Day. Overall, it would help Montanan efforts against impaired driving. According to the Montana DUI Taskforce, the chances of a Montanan being involved in their lifetime in ...


Tue, 25 Sep 2018 14:36:41 GMT

Group seeks changes in curbing DUIs - Great Falls Tribune


Great Falls Tribune

Group seeks changes in curbing DUIs
Great Falls Tribune
During a news conference on the steps of the state Capitol, members of the DUI Law Committee consisting of members from Cascade, Missoula and Yellowstone county DUI task forces, offered ideas on how to reduce such incidents. ?Montana not only has a ...


Tue, 11 Sep 2018 20:43:21 GMT

Rally shows support for tougher Montana DUI laws - KPAX-TV


KPAX-TV

Rally shows support for tougher Montana DUI laws
KPAX-TV
The rally included members from three Montana DUI Task Forces, Lieutenant Governor Mike Cooney and Attorney General Tim Fox. Supporters offered recommendations on ways to reducing DUI's including initiating and funding DUI checkpoints.
How to reduce DUIs in Montana?KXLH Helena News

all 2 news articles »

Wed, 12 Sep 2018 17:23:03 GMT

Montana Fishburne Moving To Maryland ? But Must Abide By Strict Probation Rules! - Radar Online


Radar Online

Montana Fishburne Moving To Maryland ? But Must Abide By Strict Probation Rules!
Radar Online
's troubled daughter might be moving out of Florida, but the court wants to make sure she stays on on top of her probation terms in connection to her DUI arrest, as revealed in court documents exclusively obtained by RadarOnline.com. As readers know ...


Mon, 24 Sep 2018 18:50:00 GMT

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