Montana Aggravated DUI

Montana Aggravated DUI

A person is charged with Aggravated DUI in Montana when the person’s BAC is 0.16% or above. A person may also be charged with Aggravated DUI if the person is currently required to use an ignition interlock device, the person’s driving privileges are currently suspended or revoked as a result of a prior DUI conviction, the person refuses to provide a breath or blood sample and his driving privileges have been revoked within the past 10 years for a violation of Montana’s implied consent law, and/or the person has a prior conviction or pending charge for a violation of certain other traffic related statutes.

The penalties for an Aggravated DUI include imprisonment of up to 1 year with a mandatory minimum sentence based on the number of prior convictions, a minimum of a $1,000 fine, a license suspension based on the number of prior convictions; drug and alcohol counseling, attendance at a victim’s impact panel, the requirement of an ignition interlock device, and the possible requirement of participation in the 24/7 sobriety and drug monitoring program.


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