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.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.
01Penalties
Montana DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | None | 5 days |
| Jail (maximum) | 6 months | 1 year |
| Fine (minimum) | $600 | $1,200 |
| Fine (maximum) | $1,000 | $2,000 |
| License suspension | 6 months | 1 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.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Idaho | 0.08% | 7 days | Required | Up to 6 months | Up to $1,000 | 30 days absolute suspension, then 60 to 150 more days |
| Montana (this page) | 0.08% | 30 days | At the judge's discretion | Up to 6 months | $600 to $1,000 | 6 months |
| North Dakota | 0.08% | 10 days | At the judge's discretion | Up to 30 days | $500 to $1,500 | 91 days |
| South Dakota | 0.08% | No fixed deadline | Not required | Up to 1 year | Up to $2,000 | 30 days minimum |
| Wyoming | 0.08% | 20 days | In some cases | Up to 6 months | Up to $750 | 90 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
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.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
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.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
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.
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
- Mont. Code Ann. § 61-8-1002(1) (mca.legmt.gov)Main statute · BAC limit, age 21 and over · BAC limit under 21
- Mont. Code Ann. § 61-8-1001(1)(a) (mca.legmt.gov)Higher BAC level
- Mont. Code Ann. § 61-8-1011(1)(b) (mca.legmt.gov)Lookback period
- Mont. Code Ann. § 61-8-1017(1) (mca.legmt.gov)License hearing request
- Mont. Code Ann. § 61-8-1010(1)-(2)(b) (mca.legmt.gov)Ignition interlock, first offense
- Mont. Code Ann. § 61-8-1007(2)(a)(i) (mca.legmt.gov)First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
- Mont. Code Ann. § 61-5-208(2)(b)(i) (mca.legmt.gov)First offense: license · Second offense: license
Show the exact words behind each figureHide the exact words
- 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
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
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.