Montana Drunk Driving Laws

The facts are clear: driving under the influence of alcohol (DUI) is extremely dangerous—period. Impaired drivers put thousands of lives at risk every time they get behind the wheel, a threat easily backed by the number of alcohol-related accidents that occur each year. In light of these statistics, lawmakers in every state have begun to focus their attention on ways to reduce instances of drunk driving, and each state now has legislation limiting the amount of alcohol drivers can have in their bloodstream when operating a vehicle. Known as blood alcohol content (BAC) guidelines, these restrictions outline exactly what constitutes DUI under state law. According to Montana drunk driving laws, for example, there are several scenarios that can lead to a driver’s arrest.

According to research, a driver becomes impaired when his or her BAC reaches 0.08% or higher. As a result, federal law prohibits anyone from operating a vehicle with a blood alcohol content above this amount. This means that simply driving with an illegal amount of alcohol in your system is enough to warrant your arrest—even if you show no signs of impairment.

However, under state law, Montana law enforcement officials also have the authority to arrest a driver with a BAC of 0.04% or higher. For example, if you are driving in a manner that poses a threat to other motorists (such as swerving in and out of lanes or driving on the wrong side of the road), it is ultimately up to the officer to determine whether you should be arrested.

In addition to the above BAC guidelines, Montana has a strict “Zero Tolerance Law” to prohibit underage drivers from operating a vehicle with any amount of alcohol in their system at all. In other words, if you are under 21, you can be charged with DUI if your blood alcohol content is above 0.00%. Commercial vehicle operators, meanwhile, also have less leeway when it comes to BAC, and are considered impaired with a BAC of 0.04% or higher.

One law that applies to all Montana drivers is the state’s “Implied Consent Law,” a statute that requires drivers to submit to chemical testing if a member of law enforcement suspects them of DUI. Designed to calculate BAC, chemical tests analyze the amount of alcohol found in a person’s breath, blood, or urine. As a result of this law, refusing to perform the test will lead to an arrest—and in some cases, you may even face harsher penalties than a person who failed the test.

If you are convicted of drunk driving, your sentence will vary based on your prior DUI history. The maximum penalties for a first offense, for example, carry a $1,000 fine, 6-month license suspension, and 6-month jail sentence—and these only increase with each subsequent conviction. Additional sentencing requirements may also be required if you were transporting a child under 16 at the time of your arrest.

Of course, being arrested for DUI does not mean you will automatically be convicted of the offense. As with any other crime, your guilt must first be proven beyond a reasonable doubt—and with the right legal strategy, it can be difficult for the prosecution to do that.

To determine your best course of action, submit your information online today and a skilled DUI defense attorney will contact you shortly to schedule a free, no-obligation case evaluation.