Big Sky Country is known for its wide open spaces, but also strict DUI laws. In fact, Montana has an Implied Consent law, which states that you have “implied consent” to take a preliminary alcohol screening test to estimate your blood alcohol content at the request of a police officer. If you refuse the PAS test, your license can be suspended for up to 1 year.
You will also have two separate cases. One is the criminal court case and the other case is with the Montana Department of Transportation. You only have a limited amount of time after your arrest to request a hearing the MDT, otherwise you will lose your license. Montana law says that it is illegal to be in physical control of a vehicle with a blood alcohol content of .08% or more.
Big Penalties in the Big Sky State
If you are convicted of a first offense, you can spend 24 hours to 60 days in jail. Your fine will be between $100 and $500 and your license will be suspended for 6 months. Plus, you may also face probation, community service, loss of job, vehicle impoundment, ignition interlock system, insurance coverage problems, alcohol treatment programs and restricted travel.
BAC
Your blood alcohol content will make you DUI if it reaches .08% or more. Police can determine this by chemical testing. The three tests are blood, breath and urine and must be done by the appropriate person and in the correct manner, otherwise the test results can be inadmissible in court.
Field Sobriety Tests
Montana police officers may ask you to take a field sobriety test. The most common are the HGN (horizontal gaze nystagmus), the one leg stand and the walk and turn. The tests are meant to “back up” the officer’s suspicions that you were drinking and driving. The HGN test will have you follow an object with your eyes to check for involuntary jerking. Balance and coordination are tested in the other two.
Ignition Interlock Device
If you are convicted of DUI with a BAC of .18 or greater, you will be ordered to install an ignition interlock device by the court (at your expense). The device prevents you from starting your car if there is any alcohol in your system.
Zero Tolerance
If your under 21 and your BAC was .02% or more, expect a fine not less than $100 or more than $500, and suspension of your driver's license for 90 days for a first offense.
Montana DUI Lawyer
There are experienced DUI lawyers who specialize in this field of law right in your state. Find one of them and you are likely to win your case.