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DUI & DWI in Montana

If you are feeling overwhelm and fear because you have been arrested for drunk driving, you are not alone and this article is for you. Just taking a few minutes to read on will give you a strong background and guide you in hiring a qualified Montana DUI attorney.

You’ll learn:

  • Montana DUI Laws
  • Montana DUI Punishments
  • Potential DUI Defenses
  • Montana’s Other Drunk Driving and Alcohol Laws
  • How to Find a Montana DUI Defense Lawyer

When is a Driver Considered to be Legally Drunk in Montana?

The Montana DUI Guideis an instructive manual for law enforcement officers. It provides an excellent background, describing proper traffic stops, Blood Alcohol Content (BAC) testing, and arrests. If you are a detail-oriented person, you’ll love the Montana DUI Guide.

In addition, Montana drunk driving laws are found in The Montana Code Annotated.

Montana BAC limits are:

  • .08 – adult non-commercial drivers.
  • .02 – under age 21 drivers.
  • .04 – commercial, including school bus drivers.

What is Montana’s Punishment for DUI Convictions?

  • 1st DUI Conviction: Up to6 months in jail – fines of $300 to $1,000- loss of commercial license – loss of regular drivers license for 6 months – ignition interlock.*
  • 2nd DUI Conviction: Up to 6 months in jail – fines of $600 to $1,000 – loss of commercial license – loss of regular drivers license for 1 year – ignition interlock.*
  • 3rd DUI Conviction: Jail time of up to 1 year – fines of $1,000 to $5,000 – driver’s license suspension of 1 year – loss of commercial license-ignition interlock.

*Jail time and penalties are severely increased with higher BACs and/or a passenger under the age of 16 in your car.

Montana Drunk Driving Defenses

It’s okay to ask potential DUI defense attorneys questions before making a hiring decision. Most people ask about fees, potential punishments (as we described above), and defenses.

While your attorney must investigate your individual case to determine which defenses may apply, here are potential defenses:

  • The police officer lacked probable cause for the initial traffic stop.
  • The police officer did not explain the consequences of taking or refusing the Breathalyzer test.
  • The police officer did not follow proper stop, testing, arrest, or detainment procedures.
  • Medical personnel made a mistake in testing or reporting BAC test results.
  • The trial judge made a reversible error.

Montana’s Other Drunk Driving and Alcohol Laws

Montana’s Dram Shop Law
A licensed drinking establishment such as a restaurant, bar, tavern, or pub will be held financially liable for injuries caused by serving alcohol to an underage or intoxicated person.

Montana’s Providing Alcohol to Underage Persons Law
Jail time (up to 6 months) and fines (up to $1,000) are the criminal penalties for furnishing alcohol to underage persons. Subsequent convictions have stiffer penalties.

How to Find a Montana DUI Attorney

It may feel difficult or overwhelming to find a good DUI defense attorney, but it doesn’t have to. To find a Montana DUI lawyer, search our website,, or ask friends or the bar association for a referral. Chat with a few lawyers and hire whomever is the best fit.

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