In Montana, driving under the influence (DUI) charges have serious potential jail time, fines, mandatory time-consuming and financially straining assessments and programs, a mandatory driver’s license suspension, and prohibitive conditions. The information provided here discusses first, second, and third non-aggravated DUI violations and the typical penalties associated with those offenses. Fourth and subsequent DUIs are not discussed here.
Montana DUI penalties increase in severity with the number of subsequent violations.
This information does not include any other offenses or aggravating factors that often occur when a person is charged with a DUI. It also omits more rare but available terms of sentences. This information is for the charge of DUI only. If a person is charged with additional offenses and/or there are aggravating factors, then additional penalties under those additional offenses and/or aggravating factors would apply.
Each case is factually unique and the circumstances of the DUI violation matter. It is critical to hire an attorney who knows your rights and defenses in addition to the tendencies of the local courts and the culture of the local county or city attorney to secure the best results.
DUI - First Violation
A person convicted of their first DUI violation can be sentenced to jail for not less than 24 consecutive hours or no more than six (6) months.
In addition to jail time, the fine is not less than $600 or more than $1,000.
A person must also complete a chemical dependency assessment and a chemical dependency education course which is twelve (12) hours long. The assessment must describe the defendant's level of addiction, if any, and contain a recommendation as to education, treatment, or both.
The chemical dependency assessment and the chemical dependency education course must be completed at a treatment program approved by the Department of Public Health and Human Services and must be conducted by a licensed addiction counselor. Approved programs must be evidence-based programs.
The court may also require a person to participate in a 24/7 sobriety and drug monitoring program or require a person to participate in a court-approved alcohol or drug detection testing program and to pay the fees associated with the program.
Also, there is a mandatory driver’s license suspension for six (6) months. There are options to seek a probationary license during this time.
DUI - Second Violation
A person convicted of their second DUI violation can be sentenced to jail for not less than 7 days or more than one (1) year in jail.
In addition to jail time, the fine is not less than $1,200 or more than $2,000.
A person must also complete a chemical dependency assessment and chemical dependency treatment.
The treatment provided to the person at a treatment program must be at a level appropriate to the person’s alcohol or drug problem, or both, as determined by a licensed addiction counselor pursuant to diagnosis and patient placement rules adopted by the Department of Public Health and Human Services.
A person may attend a treatment program of the defendant's choice as long as the treatment services are provided by a licensed addiction counselor. A person shall pay the cost of the assessment, the education course, and chemical dependency treatment and may use health insurance to cover the costs when possible.
The court must also require a person to participate in a 24/7 sobriety and drug monitoring program or require a person to participate in a court-approved alcohol or drug detection testing program and to pay the fees associated with the program.
Also, there is a mandatory driver’s license suspension for one (1) year if the first violation occurred within 10 years of the second violation. There are options to seek a probationary license during this time.
DUI - Third Violation
A person convicted of their third DUI violation can be sentenced to jail for not less than 30 days or more than one (1) year in jail.
In addition to jail time, the fine is not less than $2,500 or more than $5,000.
A person must also complete a chemical dependency assessment and chemical dependency treatment.
The treatment provided to the defendant at a treatment program must be at a level appropriate to the defendant's alcohol or drug problem, or both, as determined by a licensed addiction counselor pursuant to diagnosis and patient placement rules adopted by the Department of Public Health and Human Services.
The defendant may attend a treatment program of the defendant's choice as long as the treatment services are provided by a licensed addiction counselor. The defendant shall pay the cost of the assessment, the education course, and chemical dependency treatment and may use health insurance to cover the costs when possible.
The court must also require a person to participate in a 24/7 sobriety and drug monitoring program or require a person to participate in a court-approved alcohol or drug detection testing program and to pay the fees associated with the program.
Also, there is a mandatory driver’s license suspension for one (1) year and the court must consider all previous offenses for sentencing purposes. There are options to seek a probationary license during this time.
Conclusion
The penalties related to DUI offenses can drastically affect a person’s life. Hiring the right attorney to provide a formidable defense and secure the best results is critical when a person faces a DUI charge.
Call us today if you need a competent and aggressive DUI attorney.
All information displayed on the Kris A. McLean Law Firm, PLLC website is informational and shall not be deemed as legal advice.