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Montana DUI Attorney

Montana’s laws make it illegal for anyone who drives a vehicle to drive while under the influence of alcohol or controlled substances. These laws are in place to protect people using Montana’s roadways from accidents, injuries, and death resulting from the actions of a driver who is under the influence. In Montana, it is actually illegal to be operating the vehicle while under the influence. This means that you don’t even need to be driving to be charged with a driving under the influence offense. Because of the criminal and administrative consequences of driving under the influence, it is important for you to contact a Montana DUI lawyer as soon as you are arrested for this type of offense. Having a skilled Montana DUI attorney represent you gives you the best chance of being able to defend yourself against these DUI charges.

The DUI laws in Montana make it necessary for drivers to submit to chemical testing when arrested for a DUI within the state. This concept is called implied consent because anyone who drives a vehicle within the state of Montana is implying that they will take the chemical test if asked to do so by a law enforcement officer. Montana is unique because it also uses this implied consent to make drivers take a preliminary alcohol screening test in the field so that law enforcement officers can estimate their level of blood alcohol concentration. If a driver refuses a preliminary test or a chemical test, he or she will face a license suspension of up to one year in length. The legal blood alcohol concentration limit in Montana is 0.08% but if an officer finds that your blood alcohol concentration level is 0.04% to 0.08% and you have shown bad driving patterns, you may still be charged with driving under the influence. Because being arrested for driving under the influence has the power to negatively impact your quality of life, it is important that you consult with a Montana DUI attorney as soon as possible after your arrested. Your attorney will be able to tell you how to proceed and will guide you through the legal system as you face DUI charges.

The criminal penalties for driving under the influence are severe, especially if you have a prior offense or if chemical testing reveals that your blood alcohol concentration level is twice the legal limit or more. For a first offense, the penalties in Montana are a minimum of 24 hours of jail time and a minimum fine of $300 for an offender with a BAC of 0.04% to 0.08%. If the person is a multiple offender, the penalties can be up to 48 hours of immediate jail time and a fine of up to $5,000. After a conviction is obtained, mandatory jail time of 30-365 days may be put into effect. A first offense with a BAC of 0.08% or higher can result in a minimum fine of $300 and up to 10 days of jail time in the county jail. Multiple offenders with this BAC level face a minimum fine of $5,000 and up to 6 months in jail. Aggravating factors such as a minor riding in the vehicle at the time of the offense or having a BAC of 0.16% or greater can result in the fines being doubled. A fourth DUI offense in Montana is considered a felony and can result in a fine of $10,000 and up to five years of jail time.

There are specific penalties for persons under the age of 21 who drive while under the influence. This means that they have a BAC of 0.02% or higher. A first offense can result in a fine of $100 to $500 and a 90-day license suspension. A second offense can result in fines of $200 to $500 and license suspension of 6 months. If the offender is over 18 and under 21, they may also be sentenced to 10 days in jail. A third or subsequent offense can result in fines of $300 to $500, license suspension for one year, and up to 60 days in jail. To get your license back after a DUI, you must complete an alcohol treatment program and pay a $200 license reinstatement fee. If you were convicted of a DUI as a commercial driver, you may never be able to get your license back. Because of these penalties, contacting a Montana DUI lawyer is very important for keeping your quality of life after a DUI arrest. A skilled Montana DUI attorney can help you to defend yourself against very serious charges or minimize the penalties that are imposed on you if you are convicted.