What is the penalty?

Juvenile DUI

1st offense: fine of not less than $100 or more than $500.

2nd offense: fine of not less than $200 or more than $500, and if 18 or over, incarceration for not more than 10 days.

3rd or subsequent offense: a fine of not less than $300 or more than $500 and, if 18 or over, by incarceration for not less than 24 consecutive hours or more than 60 days.

For all offenses, in addition to the above: comply with a chemical dependency education course and chemical dependency treatment provisions of 61-8-732 as ordered by the Court.  DMV shall suspend the license for 90 days for a 1st offense; 6 months for a 2nd offense; and 1 year for a 3rd or subsequent offense.  A restricted or probationary license may not be issued during the suspension period until the person has paid a reinstatement fee and if under 18, has completed 30 days of the suspension period.

This offense does not count for purposes of a conviction under 61-8-401 or 61-8-406 MCA.

 

DUI under 61-8-401

1st offense: imprisonment for not less than 24 consecutive hours or more than 6 months and a fine not less than $300 or more than $1000.

2nd offense: imprisonment for not less than 7 days or more than 1 year and a fine not less than $600 or more than $1000.

3rd offense: imprisonment for not less than 30 days or more than 1 year and a fine not less than $1000 or more than $5000.

For all offenses: The jail time may be suspended for 1 year pending successful completion of the required chemical dependency treatment program.  In addition the MVD may suspend the person’s drivers license or privilege to drive.

 

DUI under 61-8-406 or 61-8-411

1st offense: imprisonment for not more than 6 months and a fine not less than $300 or more than $1000.

2nd offense: imprisonment for not less than 5 days or more than 1 year and a fine not less than $600 or more than $1000.

3rd offense: imprisonment for not less than 30 days or more than 1 year and a fine not less than $1000 or more than $5000.

For all offenses: The jail time may be suspended for 1 year pending successful completion of the required chemical dependency treatment program.  In addition the MVD may suspend the person’s drivers license or privilege to drive.

 

Felony: 4th or subsequent DUI

Sentenced to the Department of Corrections for 13 months with placement at a residential alcohol treatment program, followed by up to 5 years probation, and a fine not less than $1000 or more than $10,000.