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.
Montana DUI Vehicle Code § 61-8-409:
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.
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.
Montana DUI Suspension and Treatment
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 punishments you face for a Montana DUI
First Offense Montana DUI
1 day to 6 months jail time
$300 to $1000 in fines
Drivers license suspension for 6 months
Second Offense Montana DUI (Multiple Offenses)
2 days to 1 year in jail
Up to $5000 in fines
Drivers license suspension for 1 year
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
SR-22 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.
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