Arrested for DUI in Montana? You Have 30 Days to Save Your License.

30 days from the date of arrest or refusal. After that window closes, the administrative license suspension becomes automatic — and reversing it becomes extremely difficult. Do not wait. Call before the deadline.

0.08% for drivers 21 and older. 0.04% for commercial vehicle drivers. 0.02% for anyone under 21 — Montana's zero-tolerance law for underage drivers essentially means any detectable alcohol is a violation. A BAC of 0.16% or higher triggers aggravated DUI charges with higher mandatory minimums.

Yes — but Montana's implied consent law means refusal carries its own automatic penalties. A first refusal triggers a 6-month administrative license suspension; a second refusal or refusal with a prior DUI triggers 1 year. Refusal evidence can also be used against you in court. That said, refusal is not an automatic conviction, and the refusal itself can be challenged in some circumstances. If you've already refused, call immediately — the 30-day window to fight it is running.

A first offense carries a statutory minimum of 24 hours in jail, up to 6 months maximum. In practice, most first-offense DUI resolutions don't result in additional incarceration beyond booking — but that outcome is not guaranteed. It depends on your BAC level, whether any aggravating factors apply, and the quality of your defense. A conviction with a BAC of 0.16% or above carries higher minimums. Strong legal representation significantly affects where within that range your case lands.

A DUI conviction is permanent on your criminal record unless you successfully pursue expungement. Montana allows expungement in certain circumstances, but it is not automatic — it requires a formal petition and a judge's order. For sentencing purposes, Montana uses a 10-year lookback period, meaning any DUI within the past decade counts as a prior when determining penalties for a new charge.

A fourth DUI offense in Montana is automatically a felony, carrying up to 5 years in state prison and a fine of up to $10,000. A DUI that results in serious bodily injury or death can also be charged as a felony on a first offense — as vehicular assault or negligent homicide. Felony DUI requires immediate, serious legal representation.

In some cases, yes. Montana law allows for restricted driving privileges during a suspension period — typically for essential purposes like work, medical appointments, or school — often with a mandatory ignition interlock device installed in the vehicle. Eligibility depends on your offense history, whether you took or refused the chemical test, and the specific type of suspension. This is something we can address during your consultation.

10 years. Any DUI conviction within the past 10 years counts as a prior offense when determining your penalty range for a new charge. This is critically important — a DUI from 7 years ago can turn what looks like a first offense into a second, tripling the minimum jail time and more than doubling the minimum fine. Know your history before assuming where you stand.

Yes. Recreational marijuana is legal in Montana for adults 21 and older. Driving while impaired by THC is a DUI — the same charge, the same penalties. The key difference: unlike alcohol, there's no established per se THC limit in Montana, so prosecutors must prove actual impairment through officer observations, field sobriety results, and DRE evaluations. Because the science connecting THC detection to actual impairment is genuinely contested, these cases are more defensible than most people realize.

Montana enforces a zero-tolerance policy for drivers under 21. At 0.02% BAC, a first violation results in a 90-day license suspension and a fine of $100–$500. The charge goes on your child's record and can affect college admissions, scholarship applications, military service eligibility, and future professional licensing. The first 24 hours matter — call us before your child makes any additional statements or appears at any proceedings without representation.

You're not required to have one. But a first-offense DUI conviction in Montana stays on your record permanently, affects your insurance for years, can cost you your license for six months, and carries real jail exposure. A lawyer can challenge the legality of the stop, the administration and calibration of the breathalyzer, the field sobriety test procedures, and the overall handling of evidence. The free consultation costs nothing. A conviction costs far more than most people initially realize. Call and find out what you're actually dealing with before making any decisions.

It depends on the complexity of your case and how far it has progressed. Most first-offense DUI matters are handled at a transparent flat fee — no hourly billing surprises. We discuss cost openly during your free consultation. If you have concerns about what you can afford, say so — we'll have an honest conversation about it. The long-term financial cost of a DUI conviction almost always exceeds the cost of legal defense: higher insurance for 3–5 years, ignition interlock expenses, fines, and potential lost wages from a suspended license add up quickly.