Montana Drunk Driving Law

Highlights of Montana's DUI Law

Here are highlights from Montana law on driving under the influence of alcohol or drugs (MCA Title 61, Ch. 8, Part 4). Click on the links for further explanation of the legal terms associated with drunk driving in Montana.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .18

Implied Consent Law: Yes

License Suspension 1st Offense: 6 months

License Suspension 2nd Offense: 1 year

License Suspension 3rd Offense: 1 year

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: After 3rd offense

Hardship License while license suspended: No

Open Container Law: For driver and passenger

These are highlights of the main provisions of Montana law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in Montana, contact an attorney in your area to determine you rights and responsibilities.

Source: MCA Title 61, Ch. 8, Part 4