Montana DUI Law

While Montana is mostly known for is wonderful natural beauty, it should also be known that the state has a rather unique DUI law. For instance, Montana DUI law states that anyone operating a vehicle within state boundaries has given implied consent to either take a field sobriety or chemical test in the event of being arrested for a DWI.

Furthermore, Montana DUI law also provides that anyone driving in the state has also given implied consent to take a Preliminary Alcohol Screening (PAS) test. This means that a police officer has the right to order an individual to take a chemical or field sobriety test if said officer suspects that the individual is driving drunk. Refusing to take a PAS or any other test may result in a license suspension of up to one year.

Montana DUI law is grounded in the legal concept that an individual can be prosecuted for driving drunk if they are either under the influence of an intoxicant (alcohol and/or drugs), or are violating the state’s “per se” law. The “per se” law hinges on the ideal that if an individual has a blood alcohol content (BAC) of .08 percent or higher than they are legally intoxicated.

Consequences of a Montana DUI charge

The penalties for a DUI charge in Montana are varied, but may include, fines, jail time, the need to complete a substance abuse treatment program, the offender’s driver’s license being suspended or revoked, or even the possibility of an ignition interlock device being installed in the defendants car.

An Ignition interlock device is a breath-testing machine that is installed on a vehicle’s dashboard. It is meant to prevent the car from being started unless the driver first demonstrates through a Breathalyzer test that he or she has a BAC of .02 percent or less.

The DUI Law in Montana is fairly unforgiving, therefore it is recommended, if you are arrested and charged for a DUI in the state of Montana, that you contact a DUI defense lawyer immediately.