Certain Montana drunk driving penalties apply not only when you get convicted in a dui or dwi case but also when you refuse to take the chemical test at the time of dui stop. Refusal to taking the chemical test is treated as a separate offence and attracts separate penalty regardless of the fact whether you get convicted or not. For the first time refusal, your license will be suspended for six months, and for subsequent refusal, the license will be suspended for one year and installation of ignition interlock device (not mandatory but very much likely) will be required at your own expense.
First Dui Conviction In Montana
You must be ready to face the following Montana drunk driving penalties for the first time conviction in a dui case in this state.
- The court will order you to complete a Chemical Dependency Education treatment program or course.
- The first conviction in a dui case will result in six months of suspension of your driving license. However, you may be able to qualify for a probationary license provided you get an ignition interlock device installed in your vehicle.
- If you were caught driving the vehicle under the influence of alcohol while there was an under-16 co-passenger sitting in your vehicle, you will have to pay a higher monetary fine that may range from $600 to $2000. In general, the monetary fine ranges from $300 to $1000.
- Likewise, if you were driving the car with a passenger under 16 years of age, you must be ready to spend a longer period in jail, which may range from just forty eight hours to twelve months. In general, the jail imprisonment period can be anywhere from twenty four hours to six months.
Second Dui Conviction In Montana
A second time conviction will attract the following Montana drunk driving penalties.
- It will again be mandatory for you to complete a Chemical Dependency Education treatment program
- Your driving license will be suspended for a period of twelve months. You may be able to apply for a probationary license after forty five days from the date of suspension; ignition interlock device will be required to obtain a probationary license; you will have to pay for the maintenance, installation, and lease of that device. If you fail to meet all these requirements, your vehicle may be seized.
- If you were driving under the influence with a passenger of under 16 years of age, you will have to pay a monetary fine of up to $2000 (minimum $1200 is mandatory). In general, the monetary fine may range from $600 to $1000.
- If you were driving with a child under 16 years of age, you will have to face a jail imprisonment for a period ranging from fourteen days to twelve months. In other cases, the jail imprisonment period may range from seven days to six months.
Third Dui Conviction In Montana
The following Montana drunk driving penalties are applicable for a third time conviction.
- Mandatory participation in Chemical Dependency Education course
- Twelve months of license suspension. However, here again, after forty five days from the date of suspension, you may be able to apply for a probationary license, but again, you will have to pay for the maintenance, installation, and lease of an ignition interlock device in your vehicle> if you fail to meet these requirements, your vehicle will be seized.
- If there was an under-16 child sitting with you in the vehicle at the time of dui stop, you will have to pay a monetary fine ranging from $2000 to $10000. Otherwise, the fine will range from $1000 to $5000.
- In case you were driving with an under-16 child in the vehicle, you will have to spend anywhere from sixty days to one year in jail. In other cases, the minimum jail imprisonment period will be 30 days, but the maximum will remain the same – one year.