Montana Misdemeanor DUI

Montana Misdemeanor DUI

In Montana, a person’s first through third DUI charges are considered misdemeanors. A person is considered to have previous convictions if less than 10 years have elapsed between the currently charged DUI and a previous DUI unless the offense is the third or subsequent charge, in which case all previous convictions are counted.

The penalties for a first through third DUI are listed below:

DUI 1st offense

A person convicted of his or her first DUI faces a maximum sentence of six months imprisonment and must serve a minimum of 24 consecutive hours. He or she also faces fines of up to $1,000 and will likely be required to attend alcohol and drug counseling and attend a victim’s impact panel. Finally, the person’s license will be suspended for 6 months (the Court can recommend limited driving privileges).

DUI 2nd offense

A person convicted of his or her second DUI faces a maximum sentence of 1 year imprisonment and must serve a minimum of 7 days. He or she also faces fines of up to $1,200 and will likely be required to attend alcohol and drug counseling and attend a victim’s impact panel. Finally, the person’s license will be suspended for 1 year. Although the Court can recommend limited driving privileges after ninety days, the Court will likely require that an alcohol detection device be installed in all cars owned or driven by the person convicted.

DUI 3rd offense

A person convicted of his or her third DUI faces a maximum sentence of 1 year imprisonment and must serve a minimum of 30 days. He or she also faces fines of up to $5,000 and will likely be required to attend alcohol and drug counseling and attend a victim’s impact panel. Finally, the person’s license will be suspended for 1 year. Although the Court can recommend limited driving privileges after ninety days, the Court will likely require that an alcohol detection device be installed in all cars owned or driven by the person convicted.


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