Montana DUI law provides that everyone who drives a vehicle in Montana has impliedly consented to a test of his or her blood or breath to determine alcohol content if they are arrested for Montana DUI.

Unlike most other states, Montana DUI law also provides that everyone who drives in Montana has impliedly consented to give a Preliminary Alcohol Screening test (or PAS test) for the purpose of estimating the person’s alcohol concentration, upon the request of a peace officer who has a particularized suspicion that the person was driving or in actual physical control of a vehicle upon ways of this state open to the public while under the influence of alcohol. Refusal to take this PAS test can result in a license suspension for up to one year.

Montana DUI laws provide that it is illegal to drive (or be in actual physical control) of a vehicle while having a blood alcohol level or blood alcohol content (BAC) of .08% or higher. Montana DUI laws prohibit a driver under the age of 21 from driving with a .02% BAC.

Montana DUI law declares that “under the influence” means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person’s ability to safely operate a vehicle has been diminished.

DUI prosecutions typically try to show that a person is under the influence, or that their ability to safely operate a vehicle has been diminished, by driving pattern, physical appearance, performance on field sobriety tests, and chemical test results.

Montana DUI punishment includes fines, jail time, substance abuse treatment programs, driver’s license suspensions and revocations, and ignition interlock devices being installed. Ignition interlock devices are breath testing devices that are installed in a car, and prevent the car from being started unless the driver first demonstrates through a breath test that he or she is alcohol free.

Montana DUI law also significantly increases punishment in Montana drunk driving cases where the driver has an alcohol level of .16% or higher. This is considered to be an aggravated DUI under Montana law, and results in increased Montana DUI punishment.

Commercial drivers in Montana face additional punishment if convicted of a DUI or other drunk driving related crime in Montana. Montana DUI law calls for a suspension, and possibly a lifetime suspension, if a commercial license holder is convicted of a Montana DUI.

If you have  been accused of Montana DUI, please visit the Montana DUI Lawyers Directory.
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