Montana DUI/DWI Laws: Penalties, Court Process, and Records

Montana enforces strict impaired driving laws with mandatory minimum sentences and increasing penalties for repeat offenders. In Montana, the official term is DUI (Driving Under the Influence), although DWI is frequently used informally. It is wise for motorists to learn about Montana's DUI laws, penalties, court process, and accessing violation records to avoid lengthy incarceration and high insurance premiums.

What Is a DUI in Montana?

Under Montana Code Annotated §61-8-401, DUI happens when someone is physically in control of or operating a motor vehicle while under the influence of alcohol, drugs, or both.

The legal thresholds for impairment in Montana are:

• 0.08% blood alcohol concentration (BAC) for drivers age 21 and older
• 0.04% blood alcohol concentration (BAC) for commercial drivers
• 0.02% blood alcohol concentration (BAC) for drivers under 21 (zero tolerance)

Regardless of BAC, DUI penalties also apply if a driver is under the influence of illegal narcotics, prescription medications, or intoxicating substances.

DUI Penalties in Montana

In Montana, repeat DUI offenses are subject to a 10-year lookback period. Each transgression has a heavier penalty.

• First DUI Offense (Misdemeanor):
  • Offenders can get jail time from 24 hours to 6 months
  • They may be required to pay fines anywhere from $600 to $1,000
  • They may have their license suspended for 6 months
  • They may have to face mandatory chemical dependency evaluation and treatment
  • They may have to get an ignition interlock device (IID) or a car breathalyzer for reinstatement
• Second DUI Offense (within 10 years, Misdemeanor):
  • Offenders may face 7 days to 1 year in jail
  • They may have to pay $1,200 to $2,000 in fines
  • Their license may be suspended for 1 year
  • An IID may be required before their license can be reinstated
  • They may have to enroll in a substance abuse treatment program
• Third DUI Offense (within 10 years, Misdemeanor):
  • Offenders can get prison time from 30 days to 1 year
  • They may be required to pay fines from $2,500 to $5,000
  • Their license may be suspended for 1 year
  • They would likely need to get an IID in their vehicle upon their driver's license reinstatement
• Fourth or Subsequent DUI (Felony):
  • Offenders may face a prison sentence from 13 months to 5 years (plus possible community supervision)
  • They may need to pay fines of up to $10,000
  • The license would likely be revoked for extended periods
  • If they wish to have their license reinstated, they would typically have to get an IID or a car breathalyzer device

Aggravated DUI: This charge applies if there are children present, if the driver declines chemical testing, or if the blood alcohol content is 0.16% or above. There are also more severe jail terms and fines associated with aggravated DUIs.

DUI Arrest and Court Process in Montana

Montana DUI cases involve both administrative and criminal proceedings:

1. Traffic Stop and Arrest – Officers conduct field sobriety and chemical tests. Refusal results in immediate license seizure under Montana’s implied consent law.
2. Booking and Charges – The driver is processed and charged.
3. Administrative License Suspension (ALS) – The Montana Motor Vehicle Division (MVD) imposes an automatic suspension, contestable at a hearing.
4. Arraignment – The accused is formally informed of charges and enters a plea.
5. Pre-Trial Hearings – Defense may challenge evidence or procedures.
6. Trial – If unresolved, the case proceeds to trial.
7. Sentencing – Convictions result in fines, jail, license suspension, IID, and treatment.

Although plea deals to reduced charges (such as careless driving) may be offered in some circumstances, Montana does not offer diversion programs for DUI.

How to Search for DUI Records in Montana

DUI records in Montana are public but accessed through specific channels:

• Montana Judicial Branch Public Access Portal: Online case search for DUI charges, case status, and sentencing results is available through the Montana Judicial Branch Public Access Portal.
• Montana Motor Vehicle Division (MVD): Maintains driver histories, including DUI convictions, suspensions, and IID requirements. Drivers may request their own record.
• County Clerk of Court Offices: Certified case files and sentence records are available at the county clerk of court offices.
• Montana Department of Justice – Criminal Records and Identification Services Section: The Criminal Records and Identification Services Section of the Montana Department of Justice provides official criminal history checks for approved uses.
• Third-Party Background Check Services: Although they might contain DUI records, third-party background check services are not as trustworthy as government sources.

Records usually show BAC levels, conviction status, sentencing details, and license restrictions.

How Long Does a DUI Stay on Your Record in Montana?

Montana retains DUI convictions for long periods:

• Criminal Record: A DUI conviction is irreversible. DUI convictions cannot be expunged in Montana, except for those non-felony offenses committed before the age of 18.
• Driving Record: While offenses committed within the last ten years are eligible for an enhanced sentence, DUI convictions remain on a Montana driver's record for life.
• Insurance and Employment: Unless sealed in certain rare cases, DUI convictions can result in an increase in insurance rates for five to ten years and stay visible to employers indefinitely.

With required minimum jail terms and felony charges for fourth and subsequent crimes, Montana has some of the harshest DUI punishments in the Mountain West. The official term used by the state to apply both drug- and alcohol-impaired driving legislation is DUI.

Convictions stay for life on driving records and permanently on criminal records, and DUI records are available through the Montana MVD and courts. Given the serious and long-lasting repercussions of driving while intoxicated, drivers, employers, and researchers must comprehend Montana's DUI statutes.