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Montana · DUI

Montana DUI laws and penalties

Montana's legal BAC limit is 0.08%. For a first offense, Montana's statute provides jail of up to 6 months, a fine of $600 to $1,000, and a license suspension of 6 months. The license hearing, the ignition interlock rule and the statute behind every figure are below.

Figures read from official pages on .

Montana DUI laws at a glance

Legal BAC limit
0.08%
Standard US limit
Enhanced penalty BAC
0.16%
Where the penalties step up
Zero tolerance (under 21)
0.02%
Limit for drivers under 21
Lookback period
10 years
Prior DUI offenses that count

License hearing: ask within 30 days

Applies to the suspension for refusing a chemical test: petition the district court within 30 days after the notice of the right to a hearing. Count the days with the license-hearing window calculator.
Ignition interlock at the judge's discretion

Higher BAC level. 0.16 or more is "aggravated" DUI: a first offense carries 2 days to 1 year in jail and a $1,000 fine.

Ignition interlock. For a first conviction the court may require the 24/7 sobriety program or, with a probationary license, an interlock.

Montana recodified its DUI law in 2021 (old 61-8-401, -406 and -714 are repealed); cites are to the 2025 MCA. Per se (0.08-0.159) first offenses carry no mandatory jail minimum, while impairment-based and aggravated (0.16+) convictions do.

01Penalties

Montana DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).
Montana statutory DUI penalties, first and second offense
Penalty1st offense2nd offense
Jail (minimum)None5 days
Jail (maximum)6 months1 year
Fine (minimum)$600$1,200
Fine (maximum)$1,000$2,000
License suspension6 months1 year

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Montana compares

Of the 49 states with a confirmed BAC limit, 48 (Montana among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Montana leaves it to the judge.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Montana gives 30.

Montana and the states that border it, first-offense figures side by side
StateBAC limitHearing requestInterlock, first offenseJail, first offenseFine, first offenseLicense, first offense
Idaho0.08%7 daysRequiredUp to 6 monthsUp to $1,00030 days absolute suspension, then 60 to 150 more days
Montana (this page)0.08%30 daysAt the judge's discretionUp to 6 months$600 to $1,0006 months
North Dakota0.08%10 daysAt the judge's discretionUp to 30 days$500 to $1,50091 days
South Dakota0.08%No fixed deadlineNot requiredUp to 1 yearUp to $2,00030 days minimum
Wyoming0.08%20 daysIn some casesUp to 6 monthsUp to $75090 days

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DUI case moves through the system in Montana

The typical sequence, in general terms. Timing and details differ by county and by case.
  1. Arrest and booking

    Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.

  2. Release

    A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.

  3. License action

    Applies to the suspension for refusing a chemical test: petition the district court within 30 days after the notice of the right to a hearing.

  4. Arraignment

    The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.

  5. Pretrial resolution

    A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.

  6. Sentencing or trial

    For a first offense, Montana's statute provides jail of up to 6 months, a fine of $600 to $1,000, and a license suspension of 6 months. See the penalties table above.

04Sources

Where Montana's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.
Show the exact words behind each figure
Main statute

Mont. Code Ann. § 61-8-1002

Mont. Code Ann. § 61-8-1002(1)

A person commits the offense of driving under the influence if the person drives or is in actual physical control of:
BAC limit, age 21 and over

0.08%

Mont. Code Ann. § 61-8-1002(1)(b)

a noncommercial vehicle upon the ways of this state open to the public while the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.08 or more;
Higher BAC level

0.16%

Mont. Code Ann. § 61-8-1001(1)(a)

the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.16 or more;
BAC limit under 21

0.02%

Mont. Code Ann. § 61-8-1002(1)(e)(i)

a vehicle within this state when the person is under 21 years of age at the time of the offense while the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.02 or more
Lookback period

10 years

Mont. Code Ann. § 61-8-1011(1)(b)

An offender is considered to have been previously convicted for the purposes of sentencing if less than 10 years have elapsed between the commission of the present offense and a previous conviction unless the offense is the offender's third or subsequent offense, in which case all previous convictions must be used for sentencing purposes.
License hearing request

30 days

Mont. Code Ann. § 61-8-1017(1)

Within 30 days after notice of the right to a hearing has been given by a peace officer, a person may file a petition to challenge the license suspension or revocation in the district court in the county where the arrest was made.
Ignition interlock, first offense

At the judge's discretion

Mont. Code Ann. § 61-8-1010(1)-(2)(b)

(1) For a person convicted of a first offense of driving under the influence ... the court may, regardless of disposition and if a probationary license is recommended by the court, require the person to comply with the conditions listed in subsection (2)(a) or (2)(b). ... (b) if recommending that a probationary license be issued to the person, restrict the person to driving only a motor vehicle equipped with a functioning ignition interlock device during the probationary period
First offense: jail, minimum

None

Mont. Code Ann. § 61-8-1007(2)(a)(i)

for a first violation, by imprisonment for not more than 6 months and by a fine of not less than $600 or more than $1,000
First offense: jail, maximum

6 months

Mont. Code Ann. § 61-8-1007(2)(a)(i)

Same passage as above.

First offense: fine, minimum

$600

Mont. Code Ann. § 61-8-1007(2)(a)(i)

Same passage as above.

First offense: fine, maximum

$1,000

Mont. Code Ann. § 61-8-1007(2)(a)(i)

Same passage as above.

First offense: license

6 months

Mont. Code Ann. § 61-5-208(2)(b)(i)

the department shall suspend the driver's license or driving privilege of the person for a period of 6 months;
Second offense: jail, minimum

5 days

Mont. Code Ann. § 61-8-1007(2)(a)(ii)

(ii) for a second violation, by imprisonment for not less than 5 days or more than 1 year and by a fine of not less than $1,200 or more than $2,000
Second offense: jail, maximum

1 year

Mont. Code Ann. § 61-8-1007(2)(a)(ii)

Same passage as above.

Second offense: fine, minimum

$1,200

Mont. Code Ann. § 61-8-1007(2)(a)(ii)

Same passage as above.

Second offense: fine, maximum

$2,000

Mont. Code Ann. § 61-8-1007(2)(a)(ii)

Same passage as above.

Second offense: license

1 year

Mont. Code Ann. § 61-5-208(2)(b)(ii)

the department shall suspend the driver's license or driving privilege of the person for a period of 1 year and may not issue a probationary license during the period of suspension unless the person completes at least 45 days of the 1-year suspension

05Related

Related pages

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.