Driving under the Influence arrest charges are made if you test .08% of BAC for adults, .02% for offenders under the age of 21, while operating a motor vehicle or physically in use a motor vehicle. Once you are arrested for a DUI charge, you will then be evaluated and depending on your BAC test results will recommend an immediate suspension of your driver’s license.
The State of Montana is very insistent when it comes to handling DUI offenders. Montana checks all previous convictions to the offender’s home state or provincial referral with a dedicated charge to review reciprocal sentencing, and can even charge you with a DUI conviction if you are affected even to a BAC of .04% with less than .08% but exhibit evidence of incapacity or inability to drive according to traffic standards. Refusing to submit to a field sobriety test, breathalyzer or chemical test will merit the law enforcement officer to seize your driver’s license and initiate proceedings for a license suspension or revocation depending on the amount of refusals to take a blood alcohol level assessment.
What Happens To First Time DUI Offenders in Montana?
First time offenders can expect sentencing of a minimum of 24 hours in jail but not more than 60days incarceration, with a fine of not greater than $500 and a suspended license of six months with a court-ordered completion of a chemical dependency program under the defendant’s expense. An additional court-ordered installation of an Ignition Interlock is mandated for convicted offenders found to have a BAC of .18 % or higher, paid for by the defendant. First time offenders can be eligible for probation, provided they express willingness to follow court appointed conditions to a probation and can then be eligible to obtain a probationary license. The extent of sentencing will dramatically change under two aggravating circumstances- being arrested under suspicion (and conviction) of a DUI while with the presence of a passenger under the age of 16 and a DUI arrest with severe bodily harm or fatality.
The state of Montana is lenient to first time offenders of DUI under the legal age limit. For suspected DUI offenders who are found guilty with a blood alcohol content of .02% or higher, a fine of no less than $100 and not greater than $500 is stated, with a definite suspension of driving license for 90 days. The Judge may order alcohol or substance abuse education programs depending on the BAC level of the minor upon arrest.
Get DUI Help: Repeat Offenses for Montana DUI Arrests
Depending on previous arrest record and conviction, a DUI can be afforded with the maximum sentencing parameters both criminally and administratively. The acquittal rate for a revocation of a driver’s license in the state is near impracticable and may be a result of a reckless history of continuous DUI arrests and convictions. You will be denied a restricted license if your current DUI arrest presents as an endangering circumstance to your well being and to others.
The state studies previous conviction and arrest records with DUI, so you can expect increasing penalties and more jail time if you are repeatedly convicted for both DUI categories. Conviction circumstances such as BAC level results and will put you in modified sentencing. The court may also order you to install ignition interlock devices to all your vehicles. The court will appoint legally binding order for drug testing and enforced completion of an alcohol treatment program as part of sentencing and increase the number of Education hours you will need to attend and graduate from.
Hire an experienced Montana DUI Attorney today!
The most important aspect of your defense is hiring a law firm that has a deep understanding of the DUI laws that govern conviction, plea bargaining, appeal and sentencing for the state. There are reputable law firms with an established practice that will make a significant difference in the outcome of your DUI charge. You can contact DUI lawyers either by phone or online. The first consultation is completely confidential and is normally free of charge.