• State Penal Code – MCA Title 61, Chapter 8, Part 4
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – None
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Montana are:

1st Refusal

• 6 month suspension

2nd Refusal

• 1 year license suspension

3rd Refusal

• 1 year license suspension

In Montana the lookback period is 10 years
Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .01% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• 90 day license suspension
• $100 – $500 fine

2nd Offense

• 6 month license suspension
• $300 – $500 fine

1st Offense

• 6 month license suspension

• $300 – $1000 fine

• Prison (1 day minimum, 6 month maximum)
• you must complete an ACT course

2nd Offense

• 1 year license suspension

• $600 – $1000 fine

• Prison (7 day minimum, 6 month maximum)
• you must complete an ACT course
• Installation of Ignition Interlock Device

• In Montana, a charge of Aggravated DUI/DWI will result in two significant changes to the sentencing.

1st Offense

• minimum Prison sentence rises to 48 hours
• maximum fine rises to $2000

2nd Offense

• minimum Prison sentence rises to 14 days, maximum to 1 year
• minimum fine rises to $1200

• In Montana, all drivers convicted of DUI/DWI are required to complete the official state Assessment, Course and Treatment Program (ACT)
• The course consists of three main components:

1. Assessment – during this initial phase of the course, you are evaluated by a licensed addiction counselor in order to get a picture of your level of dependence
2. Course – the required course is called PRIME for Life. It is 12 hours long and addresses all of the major aspects of driving safety and substance abuse
3. Treatment – the final phase consists of chemical dependency treatment. The length and time of this portion will be assigned to you based upon the findings during the initial assessment phase

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL revocation
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Montana an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Montana does allow for plea bargains in DUI/DWI cases
• It can only be pleaded down to reckless driving
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved