Montana DUI Laws and Penalties

Montana DUI Laws and Penalties

In Montana, driving while under the influence is an offense that is taken quite seriously. The state has stringent laws that are tailored to limit accidents and ensure public safety. If you or someone you know has been charged, it is crucial to familiarize yourself with the current Montana DUI laws and penalties so you can get an idea of what to expect and prepare yourself.

Being convicted can damage your freedom, financial stability, driving abilities, and potential employment opportunities. Getting your case in front of an experienced Montana DUI Lawyer can safeguard your rights while securing an advocate who can help you navigate through this complex legal process.

An Overview: Montana DUI Cases

In Montana, it is possible to be charged with DUI if you drive a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or 0.04% if you possess a commercial driver’s license (CDL). In the case of drivers under the age of 21, the limit is set at 0.02%. Anything above that can result in charges.

According to data from 2024, there were nearly 340 DUI arrests per 100,000 people in Montana. There were also a total of 203 DUI-related fatalities. Fatality or not, DUI charges are never something to take lightly.

Even if your BAC is below the legal limit, if a police officer suspects you of being under the influence of alcohol, prescription drugs, or any other substance, DUI cases may possibly be filed. In cases like these, law enforcement officers tend to rely on breathalyzers, field sobriety tests, and possibly blood tests to back the suspected charges. If brought forth, cases are commonly held at the Helena Municipal Court, located at 406 Fuller Ave, Helena, MT 59601.

Potential Problems: Montana DUI Penalties

The effects of being convicted of DUI vary depending on factors such as whether it was your first offense or you had prior convictions. In Montana, common DUI penalties can include the following:

• First offense: Time spent in jail, numerous fines, and at least six months of a suspended driver’s license
• Second offense: A broad range of jail time, more expensive fines, and at least one year of your driver’s license being suspended
• Repeat offenses: Extensive jail time, hefty fines, and extended driver’s license suspension
• Aggravated Offenses: In the event your BAC is 0.16% or higher, penalties become harsher.

These legal penalties aside, there is also a possibility of diminished employment opportunities, elevated costs of insurance premiums, and the negative connotations associated with having a criminal record.

Time to Hire a DUI Attorney in Montana: Why Choose Delli Bovi, Martin, & Reed, LLC?

If you have DUI charges looming over you, the most immediate step you can take is to hire a DUI attorney in Helena as quickly as you possibly can. A talented lawyer can help with the following:

• Analyze the specific details associated with your arrest and case
• Contest the accuracy of the conducted tests — blood and breath, for example
• Challenge the credibility of the initial traffic stop
• Deliberate for lessened charges or alternate sentencing
• Stand up for you in court to advocate for your rights and driving privileges

At Delli Bovi, Martin, & Reed, LLC, we take pride in knowing Montana. We’re here for our people. We are devoted to providing care that is nothing short of thorough, methodical, and detailed to every case we take on. With over four decades of experience that we can draw upon, you can rest assured knowing we relentlessly defend the cases we take on from the very start, regardless of the scope or size, to get you a favorable outcome.

Depending on a Montana DUI lawyer can make a substantial difference in your case and the likelihood of a favorable outcome.

FAQs

What Is the Punishment for a DUI in Montana?

The punishment for a DUI in Montana depends on whether it is your first conviction or not. If it is your first time, you could face time in jail, a range of costs in fines, and your driver’s license being suspended. Multiple offenses can lead to much more severe penalties, such as longer times in jail, more expensive fines, and other potential programs. Speaking with a Montana DUI lawyer can help clarify the specific penalties you could face.

What Is the New DUI Law in Montana?

As of 2025, Montana continually enforces harsher regulations for instances of aggravated DUI, which is when a driver’s BAC is 0.16% or more. First-time offense or not, facing such charges can result in more extensive stays behind bars and increased fines. In the event that a DUI causes fatality, Montana’s new DUI law, “Bobby’s Law,” imposes a potential minimum sentence of three years, along with a maximum of 30 years.

What Is the Most Common Penalty for a First-Time DUI?

The most common penalties for a first-time DUI can include costly fines, suspension of your driver’s license, and the possibility of time in jail. Judges also commonly mandate participation in alcohol treatment or other educational programs. While time in jail is always a possibility, it’s also possible to avoid it in the absence of aggravating circumstances. A Montana DUI lawyer can deliberate to secure lessened or alternative sentencing.

What Happens After Your First DUI in Montana?

After your first DUI in Montana, you may be arrested, arraigned, and mandated to make an appearance in court. If you are then convicted, it is quite likely that your license will get suspended, and you will also face probation, fines, or even time in jail. Additionally, a conviction results in a permanent blemish on your record. This can impact your insurance rates and potential employment opportunities. Meeting with a Montana DUI attorney can give you the necessary help.

Getting in Touch: Reach Out to Delli Bovi, Martin, & Reed, LLC

Gaining a grasp on Montana DUI laws and penalties is very important if you are face-to-face with DUI charges in 2025. The effects of being convicted can be life-altering, but that is something you do not need to take on by yourself. Reaching out to our team and meeting with a knowledgeable DUI attorney is a great next step. They will look over the details of your case, explore possible defense strategies, and protect your future. Get the help you need today.