Montana DUI Penalties, Fines and Suspensions

Montana DUI – statute(s)

• MCA 61-8-401.

Montana DUI – standard

• “It is unlawful and punishable . . . for a person who is under the influence of: . . . a dangerous drug to drive or be in actual physical control of a vehicle within this state; [or] . . . any other drug to drive or be in actual physical control of a vehicle within this state.” MCA 61-8-401(1).

Montana DUI – applicable substances

• A dangerous drug or any other drug.

Montana DUI – affirmative defense

• “The fact that any person charged with a violation of subsection (1) is or has been entitled to use alcohol or a drug under the laws of this state does not constitute a defense against any charge of violating subsection (1).” MCA 61-8-401(2). Per se – statute(s) MCA 61-8-411.

Montana Per se – standard

• “It is unlawful and punishable . . . for any person to drive or be in actual physical control of: . . . a noncommercial vehicle upon the ways of this state open to the public while the person’s delta-9- tetrahydrocannabinol level, excluding metabolites, as shown by analysis of the person’s blood, is 5 ng/ml or more.” MCA 61-8-411(1)(a).

Montana Per se – applicable substances

• Delta-9-tetrahydrocannabinol (“THC”).

Montana Per se – affirmative defense

Montana Implied consent – applicable drivers

• A person who operates or is in actual physical control of a vehicle upon ways of Montana open to the public. MCA 61-8-402(1).

Montana Implied consent – tests authorized

• Test or tests of the person’s blood or breath. MCA 61-8-402(1).

Montana Implied consent – basis for test

• Test must be given if LEO has “reasonable grounds to believe” that the person has been driving while under the influence and has been placed under arrest for a violation of § 61-8-401. MCA 61-8-402(2)(a)(i).
• Test must be given if LEO has “probable cause to believe” that the person was driving while under the influence and caused an accident resulting in property damage. MCA 61-8-402(2)(a)(iii)
• Test must be given if LEO has “probable cause to believe” that the person was driving and was involved in an accident resulting in “serious bodily injury.” MCA 61-8-402(2)(a)(iii).
• If a driver refuses testing for a second time, or refuses testing after a prior conviction, LEO may seek search warrant to compel blood testing. MCA 61-8-402(5).

Montana Implied consent – evidence of refusal

• Proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed while driving under the influence. A trier of fact may infer from the refusal that the person was under the influence. The inference, however, is rebuttable. MCA 61-8-404(2).

Driver License Suspension

When a driver’s license is suspended, the privilege to drive a motor vehicle upon public highways is withdrawn for a specified period.

There are other penalties after conviction for alcohol-related driving offenses:

Source:  Montana Department of Justice

Implied consent – administrative / civil penalty for refusal

• First refusal driver’s license suspended for six months.
• Second or subsequent refusal within five years driver’s license suspended for one year. MCA 61-8-402(8).
• If driver is arrested and test is refused, driver must pay $300 administrative fee. MCA 61-8-402(6)(a). Implied consent – criminal penalty for refusal None. Conviction – administrative / civil penalty (license suspension, use of IID)
• First conviction driver’s license suspended for six months.
• Second conviction driver’s license suspended for one year.
• Third or subsequent conviction driver’s license suspended for one year. MCA 61-5-208(2)(a).
• Upon a second or subsequent conviction: (1) if the court recommends a probationary license, it must be with the installation of an IID; and (2) the court must require the person to participate in 24/7 drug monitoring. MCA 61-8-733(1).

Conviction – criminal penalties (jail sentence, fines, community service)

• First conviction jail sentence of 24 hours to six months; fine of $600-$1,000.
• Second violation jail sentence of seven days to one year; fine of $1,200-$2,400.
• Third conviction jail sentence of 30 days to one year; fine of $2,500-$5,000.
• Fourth conviction felony; jail sentence of 13 months to two years; fine of $5,000-$10,000.
• Fifth or subsequent conviction felony; jail sentence of 13 months to five years; fine of $5,000-$10,000. MCA 61-8-714.
• The offense of negligent vehicular assault occurs if a person negligently operates a vehicle while under the influence and causes bodily injury to another. MCA 45-5-205.

Child endangerment

• Committing a violation while one or more passengers under the age of 16 are in the vehicle. MCA 61-8-714

DUI Arrest Statistics and Montana Drunk Driving

* Sources: State Justice Department, Federal Highway Administration