Types of DUIs in Montana

  • Driving while under the influence of alcohol or drugs,  § 61-8-401​​​, MCA​​​​​​​

    • ​​DUI is charged when a person is suspected of being under the influence of alcohol or drugs while in actual physical control of a vehicle upon the ways of the state open to the public.

    • Penalties for a first offense include a minimum of 24 consecutive hours and a maximum of up to 6 months in jail, a fine of up to $1,000, and a 6-month suspension of driving privileges. 

    • Penalties increase if a passenger in the vehicle is under 16 or if it is a second, third, or subsequent offense.

  • DUI per se,  § 61-8-406, MCA

    • A DUI per se is charged when a person is suspected of being in actual physical control of a vehicle while their breath or blood alcohol concentration is .08 or more. 

    • Penalties for a first offense DUI per se include up to 6 months in jail, a fine of up to $1,000, and a 6-month suspension of driving privileges. 

    • Penalties increase if a passenger in the vehicle is under 16 or if it is a second, third, or subsequent offense.

  • Marijuana DUI, § 61-8-411, MCA

    • THC DUI is charged when a person is suspected of being in actual physical control of a vehicle with a blood THC level of 5 ng/ml or higher.

    • Penalties are the same as for DUI per se.

    • Even people who have legally used marijuana can be charged with a marijuana DUI.

  • Aggravated DUI, § 61-8-465, MCA

    • The penalty for a first offense aggravated DUI includes a fine of $1,000, a minimum of 48 consecutive hours and up to a year in jail.

    • Penalties increase if a passenger in the vehicle is under 16 or if it is a second, third, or subsequent offense.

    • Aggravated DUI can be charged under a variety of circumstances, including when a driver has a breath or blood alcohol content of .16 or higher (twice the legal limit), a driver has previously refused to provide a breath or blood test, or a driver has a pending DUI charge or prior DUI, DUI per se, or marijuana DUI conviction.

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