Montana Driving Under the Influence Law

In common with many other States, a DUI arrest in Montana will lead to two cases being brought against the defendant, a criminal case and a Department of Transportation case. If you have been arrested for DUI in Montana, you have only 7 days in order to apply for a hearing at the Department of Transportation in order to retain your driver's license. It is therefore essential that you contact a Montana DUI lawyer as soon as possible.

Charges for DUI in Montana can be prosecuted either on the basis of Blood Alcohol Concentration, which is currently set at a maximum of 0.08% or through proving impairment through “field sobriety tests”, driving patterns or through the testing of breath, blood or urine. A skilled DUI lawyer will be able to handle each of these situations. In the event that your BAC is in excess of 0.16% you will face tougher penalties in court. Under 21's are forbidden from driving with a BAC in excess of 0.02%.

Under Montana law the refusal to take a breath test will lead to an automatic 6 month suspension of your license.