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Montana DUI Laws / Montana DWI Laws

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by , 07-06-2012 at 09:47 PM (1863 Views)
In Montana, you're going to be looking at a DWI/DUI for driving with a BAC at or over 0.08% and that goes for situations when your driving didn't even show any significant impacts from the blood alcohol level. Additionally, driving a vehicle in Montana provides for mandatory blood alcohol tests. So if you get stopped, the offier has the legal right to require you to submit to a chemical BAC test.

Consequences for driving under the influence in Montana:

What would be the consequences for turning down a chemical blood alcohol test (typically with a breathalyzer or in other situations a type of blood test) when law enforcement suspects you are guilty of a DWI or a DUI?

FIRST OFFENSE - 6 mo. suspension of driver's license.

SECOND OFFENSE - 1 yr. driver's license suspension

THIRD OFFENSE 1 yr. suspension of driving priveleges

Additionally, in Montana, if police suspect a DUI, do they need to test via chemical BAC?

Generally law enforcement will be focused on testing for alcohol at time of stop, but testing at later time can be place a drive at legal liability for driving under the influence if proper procedure has been followed regarding testing.

What's teh legal limit for driver's who are under the age of 21 in the State of Montana?

The maximum BAC for Montana drivers under 21 is .02%. (legally minors according to some State drinking & driving statutes)

Are the minimum jail sentances in Montana harsh?

FIRST OFFENSE -- Single day in jail


THIRD OFFENSE -- 10 jail days

For what period of time do prior convictions stay relevant with regards to sentencing in the state of Montana?

Prior DWI convictions in Montana remain on a driver's permanent record. These can be used as evidence against a person with regards to sentencing for a total period of time of FIVE YEARS from the offence. (5 Years On Record for Sentencing.)

May a Montana DWI Laws statute bue used to “plead down” to the lower level of "wet reckless" in the State of Montana?

Although a possibility in the state of Montana, it is certainly not mandatory for a prosecutor to accept this type of plea. Generally, a seasoned DUI lawyer would be able to provide more information abour a particular situation that you might find yourself. To find an experienced lawyer, consider viewing the list of vetted DWI lawyers in our Montana DUI Lawyer directory.

Are IIDs required for drivers who have been convicted of DUI in the state of Montana?

Depending on the situation, a court can require ignition interlock devices in situations where the offender is a first time DUI offender in Montana. Where it's option for first time offenders, an IID is required for any subsequent convicted offenses.