Driving under the influence (DUI) of alcohol, drugs or both is illegal in Montana. The blood alcohol concentration (BAC) limit is .08. If the driver is under the age of 21, then the BAC limit is .02. BAC levels are determined by breath and blood tests. Montana drivers, by virtue of having a drivers license, are assumed to have consented to these tests. If a driver refuses to take a test to determine their BAC, the police officer can confiscate their license on the spot. The license will then be suspended, for a length that is determined by whether this is a first or repeat refusal.
A first time DUI conviction in Montana earns the driver 24 hour to 6 months in jail. The fine ranges from $300 to $1,000. If there is a passenger under the age of 16 in the vehicle, the sentence increases to 48 hours to 12 months and the fine increases to a range of $600 to $2,000. In both cases, the drivers license is suspended for 6 months. The court also requires that the driver complete a chemical dependency education course, and possible treatment. If the education course is completed, portions of the jail term may be suspended.
DUI / DWI facts and statistics in Montana
- In 2017, 5 out of the 56 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 44 out of the 4,344 offenders caught for DUI / DWI were under the age of 18
- In 2018, 9 out of the 79 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 38 out of the 3,794 offenders caught for DUI / DWI were under the age of 18
source: responsibility.org, fbi.gov
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