Montana has some severe punishments for driving under the influence of drugs or alcohol and when you make the chance to drive when you are in this condition, you are setting yourself up for some major punishments. A blood alcohol concentration of .08 is the benchmark for your arrest and if you are a commercial driver or a minor driver under the age of 21, this benchmark is even lower. Making the choice to drink and drive or to drive under the influence of drugs is one that you will pay for in your freedom and in your finances.
First Offense DUI
Montana will suspend your license for a period of six months when you are convicted of a first DUI offense. If you meet certain requirements, including installation of an ignition interlock device, you may be given restricted license choice, but this is on a case by case basis that will be decided by the judge. Jail time is mandatory for at least one day for a first offense, but this can be increased by as much as six months. If you were driving the car with a minor under the age of 16 in the car, your sentence will double, with a mandatory 2 days up to 2 years of time spent in jail. Fines range from $300 to $1000, but this amount will double if you have a minor under 16 in the car. These fines do not include the costs of reinstatement fees and other fees that are associated with carrying out of your sentence.
Second Offense DUI
If you are convicted of a DUI within five years of the first, the penalties and punishments will increase, putting a lockdown on your freedoms and your finances. You can lose your license for up to one year for a second offense. As far a jail time, you will face a minimum of seven days in jail and this can go up to a maximum of six months. If you were driving with a minor in the car, this will double automatically. Fines will vary, but range from $600 to $1000 and will double if you had a minor under 16 in the car with you when you were arrested. In addition, an interlock ignition device can be ordered to be placed in your vehicle and your car can be seized for up to one year for a second DUI conviction.
Third Offense DUI
A third DUI conviction within the five year lookback period means that you will be facing some significant limitations on your freedom, as well as financial penalties. Your driver’s license will be suspended for a period of one year and an interlock ignition device will be required for a period of time after that. You will be sentenced to anywhere from 30 days to one year in jail, depending upon the aggravating factors of your arrest, including whether you have children in the car or not. Fines will be mandated of $1000 to $5000 and these fines will be doubled if you have a child under the age of 16 in the car at the time of your arrest. These fines will be exacerbated by the addition of court fees, ignition interlock device cost, and other fees and fines that you are responsible for.
A lawyer can help you to make it through the legal process. The key is to just not drive when you are under the influence of drugs or alcohol. This can help to prevent you from having to spend time in jail and giving money to the state of Montana.