Montana DUI Punishments

The penalties that are imposed upon a criminal DUI conviction in the state of Montana are listed below. For more information on the administrative civil penalties that may also apply, click on the Montana Driving Tab.

Montana DUI Penalty Chart For Regular DUIs

FIRST OFFENSE DUI: FINES: minimum $300 - maximum $1,000; JAIL: minimum 24 hours - maximum 6 months; LICENSE SUSPENSION: 6 months

FIRST OFFENSE DUI MINOR PASSENGER UNDER THE AGE OF 16 IN VEHICLE: FINES: minimum $600 - maximum $2,000; JAIL: at least 48 hours - maximum 1 year (first 24 hours in jail must be served and cannot be served under home arrest, but up to 1 year jail sentence may be suspended pending successful completion of court-ordered chemical dependency assessment, education or treatment; LICENSE SUSPENSION: 6 months

SECOND OFFENSE DUI: FINES: minimum $600 - maximum $1,000; JAIL: minimum 7 days - maximum 6 months; LICENSE SUSPENSION: 1 year; OTHER: vehicle seizure or ignition interlock, chemical dependency assessment and treatment

SECOND OFFENSE DUI MINOR PASSENGER UNDER AGE 16 IN VEHICLE: FINES: minimum $1,200 - maximum $2,000; JAIL: minimum 14 days - maximum 1 year (at least 48 hours jail time must be served and cannot be served under home arrest, and first 5 days of jail sentence may not be suspended. After 5 days, court may suspended jail sentence for up to 1 year pending successful completion of chemical dependency treatment program); LICENSE SUSPENSION: 1 year; OTHER: vehicle seizure or ignition interlock, chemical dependency assessment and treatment

THIRD OFFENSE DUI: FINES: minimum $1,000 - maximum $5,000; JAIL: minimum 30 days - maximum 1 year; LICENSE SUSPENSION: 1 year; OTHER: vehicle seizure or ignition interlock, chemical dependency assessment and treatment

THIRD OFFENSE DUI MINOR PASSENGER UNDER 16 IN VEHICLE: FINES: minimum $2,000 - maximum $10,000; JAIL: minimum 60 days - maximum 1 year (at least 48 hours jail time must be served and cannot be under home arrest, first 10 days of jail time may not be suspended but court may suspended remained of jail time up to 1 year pending successful completion of a chemical dependency program); LICENSE SUSPENSION: 1 year; OTHER: vehicle seizure or ignition interlock, chemical dependency assessment and treatment

FOURTH OFFENSE DUI: FELONY - FINES: minimum $1,000 - maximum $10,000; JAIL: 13 month correctional facility or program (if residential alcohol treatment program is completed successfully court will allow remainder of 13 month sentence to be served on probation. Imposition or execution of 13 month sentence may not be deferred or suspended, and there is no eligibility for parole) - maximum 5 years; OTHER: probation includes abstaining from alcohol, operating a car without a probation officer's authorization, treatment program, random drug/alcohol testing, etc.; LICENSE SUSPENSION: 1 year; OTHER: vehicle seizure or ignition interlock

Montana DUI Penalty Chart For Over The Limit DUIs

(.08 OR MORE, OR .04 OR MORE FOR COMMERCIAL DRIVERS)

FIRST OFFENSE EXCESSIVE BAC - FINES: minimum $300 - maximum $1,000; JAIL: not more than 10 days; OTHER: chemical dependency assessment and treatment

FIRST OFFENSE EXCESSIVE BAC WITH MINOR PASSENGER UNDER AGE 16 IN VEHICLE - FINES: minimum $600 - maximum $2,000; JAIL: maximum 20 days; OTHER: chemical dependency assessment and treatment

SECOND OFFENSE EXCESSIVE BAC - FINES: minimum $600 - maximum $1,000; FINES: minimum 5 days in county jail - maximum 30 days; OTHER: vehicle seizure or ignition interlock, chemical dependency assessment and treatment

SECOND OFFENSE EXCESSIVE BAC WITH MINOR PASSENGER - FINES: minimum $1,200 - maximum $2,000; JAIL: minimum 10 days (which may not be served on home arrest) - maximum 60 days. First 5 days of jail sentence may not be suspended; OTHER: vehicle seizure or ignition interlock, chemical dependency assessment and treatment

THIRD OFFENSE EXCESSIVE BAC - FINES: minimum $1,000 - maximum $5,000; JAIL: minimum 10 days in county jail and not home arrest - maximum 6 months; OTHER: vehicle seizure or ignition interlock, chemical dependency assessment and treatment

THIRD OFFENSE EXCESSIVE BAC WITH MINOR PASSENGER - FINES: minimum $2,000 - maximum $10,000; JAIL: minimum 20 days (which may not be served on home arrest) - maximum 1 year. First 10 days jail sentence may not be suspended; OTHER: vehicle seizure or ignition interlock, chemical dependency assessment and treatment

Montana DUI Penalty Chart For Minors Under 21 Years Old

FIRST OFFENSE DUI - FINES: not less than $100 - maximum $500; LICENSE SUSPENSION: 90 days; OTHER: chemical dependency education course and treatment

SECOND OFFENSE DUI - FINES: not less than $200 - maximum $500; JAIL (if person is over the age of 18): not more than 10 days; LICENSE SUSPENSION: 6 months; OTHER: chemical dependency education course and treatment

THIRD OR SUBSEQUENT OFFENSE DUI - FINES: not less than $300 - maximum $500; JAIL (if person is over 18): not less than 24 hours - maximum 60 days; LICENSE SUSPENSION: 1 year; OTHER: chemical dependency education course and treatment

**NOTE - A restricted or probationary driver's license will not be issued during a license suspension period until the license reinstatement fee has been paid (and after 30 days of the suspension period if person was under the age of 18).