Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Montana DUI Penalties
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- Implied consent laws are the laws that require suspected DUI drivers to submit to breath, blood, or urine test for blood alcohol content. Refusal to that carries penalties including mandatory suspension of driving license for up to a year.
Blood Alcohol Concentration (BAC)
If any driver in Montana will be having the blood alcohol concentration above 0.08 percent then he/she will be considered “per se intoxicated”. According to this law only this evidence is enough to be convicted for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood Alcohol Concentration
All states “zero tolerance laws” mainly focus on drivers that are not having legal drinking age. Any driver in Montana under the age of 21 years if will be operating motor vehicle with blood alcohol level 0.02 percent or above then he/she will be subject to DUI Penalties.
Enhanced Penalty Blood Alcohol Concentration
Some states are having strict sentence for DUI offenders with high blood alcohol concentration (BAC) at the moment of arrest; that is usually .15 to .20 above the legal limit. Enhanced penalty laws are not applicable in Montana.
Administrative License Suspension/Revocation Penalties
These penalties include mandatory suspension or revocation of driving license (permanently or temporarily) by the Department of Motor Vehicles (DMV). For first DUI offense in Montana the mandatory suspension will be for 90 days; for second offense it will be for one year; and for third offense its for three years.
Vehicle Confiscation
Vehicle confiscation penalty temporarily or permanently for DUI conviction in some states is possible usually for repeat offenders. While in Montana this is not valid.
Ignition Interlock
Ignition interlock is a device, which is attached with vehicle of DUI offender so that he/she performs a breath test before starting the vehicle. This DUI penalty can be implemented in some states while in Montana this is not implemented.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and prevention program, alcohol abuse treatment and assessment of a person for drug or alcohol dependency can be required in Montana. These steps are often taken instead of harsh punishments like imprisonment or paying fines.
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