Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Montana, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

[edit] REGULATIONS FOR DUI/DWI IN MONTANA

In Montana, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%. If BAC is 0.04 or under the driver may be inferred to not be influenced by alcohol. If BAC is over 0.04 but under 0.08 then other factors will be considered to determine the driver's innocence or guilt.

Having a Montana license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. The first Refusal to take the chemical test will result in your license being suspended for six months and you may not eligible for a restricted probationary license; the second or subsequent refusal in five years will result in your license being suspended for one year and you may not eligible for a restricted probationary license.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

[edit] ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense may result in imprisonment for 24 successive hours up to six months and/or $300- $1000 fine. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • Points will be added to your driving record.
   • Your license will be suspended for six months.
   • You may be eligible to drive using the Restricted Probationary License if you meet the conditions, and then become eligible to reinstate your license, if you meet the reinstatement requirements.
   • The first 24 hours of imprisonment is mandatory and cannot be served as a house arrest.
   • Your imprisonment may be suspended (except the first 24 hours) if you successfully undergo a chemical dependency education, assessment or treatment as ordered by the court.
2. The second offense or two offenses in five years may result in imprisonment for six days to seven months and/or $600- $1000 fine. Also, if convicted for the second offense of DWI, DUID or BAC:
   • Points will be added to your driving record.
   • Your driving privilege will be suspended for one year.
   • Your vehicle may be seized or you may forfeit your vehicle.
   • Minimum 48 consecutive hours of imprisonment is mandatory and cannot be served as a house arrest.
   • Your imprisonment may be suspended (except first five days) for one year if you successfully undergo a chemical dependency education, assessment or treatment as ordered by the court.
3. The third offense or three offenses in five years may result in imprisonment for 30 days to one year and/or up $1000- $5000 fine. Also, if convicted for the third offense of DWI, DUID or BAC:
4. Points will be added to your driving record.
   • Your driving privilege will be suspended for one year.
5. Minimum 48 consecutive hours of imprisonment is mandatory and cannot be served as a house arrest.
6. Your imprisonment may be suspended (except initial ten days) for one year if you successfully undergo a chemical dependency education, assessment or treatment as ordered by the court.
7. The fourth offense may result in having to spend 13 months - five years in at the Department of Corrections and/or a $1000- $10,000 fine. Also, if convicted for the fourth offense of DWI, DUID or BAC:
8. Points will be added to your driving record.
9. You will have to undergo a 13-month correctional program at an approved facility by the Department of Corrections.
10. You may have to undergo a residential program for alcohol treatment approved facility by the Department of Corrections.
11. You will not be eligible for parole.

[edit] ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. Points will be added to your driving record and your license suspended or revoked for 90 days, you may have to pay between $100-$500 fines after the first conviction.
2. The license may be suspended for six months; you may have to pay between $200-$500 fines after the second conviction.
3. The license may be suspended for one year; you may have to pay between $300-$500 fines following the third or subsequent conviction.
4. If you are over 18 years of age, a third or later conviction may result in incarceration of at least 24 successive hours to over 60 days.
5. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

[edit] ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. Points will be added to your driving record and you will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer if you have any detectable BAC.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
4. The first Refusal to take the chemical test will result in your license being suspended for one year; the second or later refusal in five years may result in your license being suspended for life depending on the rules.
5. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

[edit] ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Montana laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• He/she is aged 21 and above and is driving with BAC 0.08% or more.
• He/she is aged below 21 and is driving with BAC 0.02% or more.

Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Montana driver license and issue a temporary five-day driving permit that becomes effective 12 hours after it is issued, issue a written license suspension notice and your right to a hearing; and send the entire set to the Motor Vehicle Division. The driver can schedule an administrative hearing within 30 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous five-year driving record. If he has any alcohol related convictions or suspensions for this five-year period his license will be suspended or revoked. You may be eligible to drive using the Restricted Probationary License if you meet the conditions. The suspension or revocation begins after the final order of the hearing officer is mailed from the Motor Vehicle Division. If the administrative hearing goes against the driver, he can ask for a review from the circuit court. He will, however, have to serve the suspension/revocation until the circuit court reaches a verdict. If the verdict is the same as the administrative hearing, then the driver will have to complete the remaining period of his suspension/revocation and then file for reinstatement of the license. If the verdict goes in favour of the driver, then his license will be returned and the suspension/revocation will be cancelled. If the driver, however, does not request a hearing, then the suspension/revocation begins after the arrest, and is final.

[edit] LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Motor Vehicle Division, once the period of suspension or revocation is over. Reinstating a license after a suspension or revocation may also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. To complete the reinstatement requirements, you must prove that you have successfully completed the alcohol or a comparable program (the agency will send the proof to the Motor Vehicle Division once you have completed the program), pay the appropriate reinstatement fee, and maintain proof of financial responsibility by filing SR-22, if required.
2. If you are being convicted for a first time, the court may order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive at your cost during the probationary period. If you are being convicted for a second or subsequent time, the court may order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive at your cost for 12 months after your license revocation ends.
3. You can submit the reinstatement application and fees in person at a Motor Vehicle Divisions office near you.

[edit] ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers
• A first DUI/DWI offense when accompanied by one or more child aged under 16, will result in imprisonment of minimum 48 successive hours up to 12 months and/or $600-$1000 fine.
• A second DUI/DWI offense when accompanied by one or more child aged under 16, will result in imprisonment of 14 days up to 12 months and/or $1200-$2000 fine.
• A third DUI/DWI offense when accompanied by one or more child aged under 16, will result in imprisonment of 60 days up to 12 months and/or $2000-$10000 fine.