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What happens if I was arrested for DUI?
Under Montana law, once you have been cited for violating the DUI statute, the state initiates a criminal action against you. This action is in response to the ticket that was issued to you, and can result in jail time, the loss of driving privileges, and monetary fines. It is imperative that anyone facing such a charge understand what challenges they will encounter. Seeking the legal advice of a competent and experienced DUI attorney will help you understand all of your rights and options.
DUI Penalties for First Time Offenders
Jail Time
A first time DUI offender faces a minimum mandatory imprisonment of 24 consecutive hours in jail, up to a maximum of 6 months.
Monetary Fines
The minimum mandatory fine for a first time DUI is $300.00, up to a maximum of $1000.00.
Driving Privileges
A DUI conviction results in the suspension of driving privileges for 6 months.
Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 6 months, with no provision for a restricted probationary license. Once a person refuses to submit to the chemical test requested, the officer will immediately seize the person’s driver’s license and forward it to the Department of Motor Vehicles. The officer will also issue the driver a temporary driving permit, which becomes effective 12 hours after issuance, and remains valid for 5 days following issuance. The driver is also given written notice of the license suspension, along with notice of a right to a hearing. A driver who wishes to invoke his or her right to a hearing must do so within 30 days after notice is given by the officer.
Commercial Drivers
Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) of 0.04. A first time DUI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license.
Alcohol Evaluation
Successful completion of a drug and alcohol evaluation and any treatment program required by the evaluating agency is required for reinstatement of driving privileges. The cost of any such treatment and program is the responsibility of the offender.
DUI Subsequent Offenses
Penalties are increasingly more severe for any additional DUI violations. Due to the complexity of DUI laws, you may not be aware of your rights and the potential defenses available to your case. An experienced and competent attorney can guide you through this emotionally challenging process. Please contact a lawyer for an immediate, free consultation. |