If you are pulled over for suspicion of a Montana DUI, the officer will ask you to submit to a Preliminary Alcohol Screening test, (commonly referred to as a PAS test). In most other states this test is not mandatory and refusing to submit to the PAS test is not a punishable offense, but in Montana it is. According to the DUI laws of the state of Montana, specifically vehicle code § 61-8-409 there is implied consent (meaning you are assumed to give your consent) to take this test if the officer asks you.
A person who operates or is in actual physical control of a vehicle upon ways of this state open to the public is considered to have given consent to a preliminary alcohol screening test of the person's breath, 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 or in violation of 61-8-410.
The person's obligation to submit to a test under 61-8-402 is not satisfied by the person submitting to a preliminary alcohol screening test pursuant to this section.
The peace officer shall inform the person of the right to refuse the test and that the refusal to submit to the preliminary alcohol screening test will result in the suspension for up to 1 year of that person's driver's license.
Reference: Montana DUI Vehicle Code
If you are convicted of a Montana DUI, you are facing at least 24 hours in jail. You could spend up to 60 days in jail depending on your case. You will also pay between $100 and $500 in fines, on top of the cost of your court case and incarceration.
A Montana DUI conviction means you will have your driver’s license suspended for up to six months. You will also have to attend a treatment program. Often the court will decide to use the treatment program in place of some of your time in jail. If your trial results in probation, you could be allowed to drive with a limited license. This allows you to still work and go to school.
Here is a summary of the penalties you face for a Montana DUI
Your Montana DUI conviction will result in more severe punishments if you are in an accident resulting in any type of injury and/or death. Also, if you drive drunk with a child that is under the age of sixteen it is considered endangering the life of a child and there are more severe consequences.
SR22 insurance is required in the state of Montana after a DUI. SR22 insurance is a type of high risk auto insurance policy that the Montana Department of Motor Vehicles requires DUI offenders to carry for a period of 3 years from the date your drivers license is reinstated.
DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of Montana and has worked out a special discount only available here for our website visitors.
You won't be able to find a cheaper SR22 insurance policy in Montana for any less. Type in your zip code below so we can provide you with the cheapest rates in your area.
Montana DUI First Offense - Detailed first offense information including punishments after a first offense DUI in Montana.
Montana SR22 Insurance - Learn everything you need to know about Montana SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your MT SR22 insurance.
Montana DUI Lawyers - Contact one of our Montana DUI lawyers today.
Montana Substance Abuse Programs - We offer a complete listing of Montana approved substance abuse and alcohol treatment programs.