Montana DUI Law & Lawyers: DUI-Web

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As with most states, an arrest in Montana for a DUI will result in two separate cases. The first case is the criminal case against the State for breaking Montana’s DUI laws. The second case is the civil or administrative case against the Montana Department of Transportation in which the sole issue is your privilege to drive. Each case is separate and independent (to a certain degree) of each other and it is quite possible to have the criminal case dismissed and still have your license suspended.

Montana has what is known as the “implied consent” law in which you you ared deemed to agree to consent to a chemical test if you are suspected of being under the influence of alcohol and/or drugs if you drive in Montana (regardless of whether you have a Montana driver’s license or not). Unlike other states, Montana law also provides that everyone who drives in Montana has impliedly consented to give a Preliminary Alcohol Screening test (or PAS test) for the purpose of estimating the person's alcohol concentration, upon the request of the arresting officer who has a suspicion that the person was driving a vehicle while under the influence of alcohol. Refusal to take this PAS test can result in a license suspension for up to one year.

There are two separate theories in which the state can prosecute the criminal charges of DUI. The first and most common is the “per se” statute which provides that it is illegal to drive (or be in actual physical control) of a vehicle while having a blood alcohol level of .08% or higher. This theory must be proven with an admissible blood alcohol chemical test.

The second theory is the “under the influence” theory. Montana DUI law declares that "under the influence" means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person's ability to safely operate a vehicle has been negatively affected. The prosecution will try to show that a person is under the influence, or that their ability to safely operate a vehicle has been diminished, by driving pattern, physical appearance, performance on field sobriety tests, and chemical test results.

Punishments for DUI in Montana typically include fines, jail time, substance abuse treatment programs, driver’s license suspensions and in some cases ignition interlock devices. Montana law also provides for punishment enhancement under certain circumstances including a BAC of .16% or higher.