DUI charges in Montana are brought against drivers who commit traffic violations while drinking and operating motor vehicles on public state roads. Disobeying state laws for driving under the influence (DUI) are considered a serious traffic offense.

As a result, drivers may face severe penalties, such as a driver’s license suspension, imprisonment or driving fines, which are recorded in a motorist’s personal driving record. Find more DUI information and how to create the best DUI defense strategy by reading the sections below.

DUI Citations and Convictions in Montana

Motorists may get MT DWI tickets for committing serious traffic offense such as driving under the influence (DUI) of alcohol or other intoxicants. A DUI citation for breaking the DUI laws may occur in situations when a driver is pulled over by a police officer and found to be driving intoxicated.

Drivers may be convicted and charged with DUI, regardless of whether the offense is considered a misdemeanor or a serious criminal violation.

Montana Under the Influence Violations and Penalties

Drivers face serious DUI consequences in Montana, depending on their age, blood alcohol content (BAC) level and the number of previous DUI-related offenses. Below are the penalties most common for each amount of DUI offenses drivers commit.

First DUI Offense

Committing a first DUI offense in Montana typically results in a 6-month driver’s license suspension. The same penalty is issued to drivers who refuse to submit to a BAC test when requested for the first time. After a first DUI offense, drivers are recommended to hire a lawyer to help them resolve their legal issues before getting back to driving on public roads.

Second or Subsequent DUI Offense

A second DUI and every subsequent offense in a period of 5 years will result in a 1-year suspension of your driver’s license. Refusing to submit to a BAC test will have your driving privileges suspended for the same amount of time.

Underage DUI Offense

Drivers commit underage DUI violations if they are younger than 21 years old and have a BAC level greater than the allowed 0.02 percent. A first DUI will suspend an underage driver’s privileges for 90 days, a second for 6 months, while a third offense will invoke a driver’s license suspension for a period of 1 year.

Drinking and Driving in Montana

Montana impaired driving penalties include operating a motor vehicle either under the influence of alcohol or under the influence of other intoxicants or drugs. Both alcohol and drugs have similar effects on a driver’s ability to operate a vehicle.

Driving intoxicated may cause offenses such as vehicular manslaughter that result in criminal charges if it results in death or injury of other traffic participants. Therefore, drivers are encouraged to hire an MT drunk driving attorney who will help them minimize penalties against them and create a DUI defense strategy to win the case in court.

Montana DUI Attorneys

Drivers who are charged with DUI in Montana are encouraged to hire a DUI defense attorney to defend them in court. A lawyer represents an offender legally in front of a judge and helps to minimize the penalties that are written on his or her driving record.

In addition, drivers who want to hire the best DUI lawyer in Montana are recommended to conduct background checks on all potential attorneys and choose the one most suited to their case.

Open Container Laws in Montana

One of the DUI laws in Montana is the Open Container Law, which prohibits drivers from carrying open alcoholic beverages in their vehicles. Drivers will be considered violators of drunk driving laws if they transport open bottles, cans, jars or other containers that hold alcoholic beverages.

However, motorists will not face DUI consequences for carrying containers with an unbroken seal. In addition, passengers may be exempt from this law when they hire a driver for a commercial vehicle such as a bus, taxi or limousine.

Reinstating a Suspended Drivers License in Montana

A DUI suspended license in Montana may be restored by completing a reinstatement procedure at a local DMV branch. The restoration of your driving privileges consists of satisfying several requirements and paying the applicable fees.

Reinstating a DUI drivers license suspension in Montana may require drivers to install an ignition interlock device (IID) on their vehicles, provide proof of mandatory liability insurance, submit payment of traffic fines at the court and to complete a DUI-related sobriety program at a traffic school.

Montana Alcohol Awareness Classes

Part of the requirements for a DUI suspended license reinstatement procedure may be to enroll in a traffic school program, specialized for DUI offenders. In Montana, DUI classes are known as the 24/7 Sobriety Program. By enrolling in this course, drivers may learn the consequences of a DUI and how to avoid committing additional violations.

Additionally, motorists who choose to enroll in a specialized MT DUI course will be able to discover the state laws on BAC limits, the effects of alcohol and other intoxicants and learn more information on how to increase public safety.

SR-22 Insurance in Montana

Drivers may also be required to file for SR-22 insurance before having their license reinstated. This type of DUI insurance is a liability statement that motorists who have previous offenses on their driving record must provide in order to comply with state laws. Drivers may contact their DUI insurance companies to find out more details about how to provide proof of insurance for more vehicles at the same time.

Montana Laws That Pertain to DUI/DWI

Drivers are required to obey Montana DUI laws when they are operating a vehicle on public roads within the state. Failure to obey them may result in severe consequences and possible license suspensions. Motorists will incur harsh penalties for operating a motor vehicle with a BAC level over the legal limit, which is set by the Implied Consent law.

According to this law, adult motorists must submit to a BAC test when requested by a law enforcement official. Drivers will receive severe DUI charges when they show a BAC level over 0.08 percent, 0.02 percent for drivers younger than 21 years of age or 0.04 percent for commercial drivers.

Montana Hardship License

Drivers who are charged with DUI in Montana and have had their license suspended or revoked may qualify for a hardship (restricted) license. The hardship license enables drivers to operate motor vehicles for employment, educational or medical reasons.

Additionally, drivers who are required to attend DUI classes may also apply for a restricted license in order to drive to the traffic school where the classes are held.

Last updated on Wednesday, March 4 2020.