A first DUI conviction in Montana carries a mandatory minimum of 24 hours in jail, a $685 fine, completion of ACT (Assessment, Course, and Treatment), and a six-month driver’s license suspension. You may be eligible for a probationary license during this suspension. Penalties – including jail time, fines, treatment requirements, and license suspension – become more severe with each subsequent DUI conviction. A DUI conviction also results in 10 points on your driving record; accumulating 30 points within three years designates you as a habitual traffic offender.
If you refuse a breath or blood test during a DUI investigation, your driver’s license will immediately be suspended for six months – with no eligibility for a probationary license. You can challenge this suspension by filing a lawsuit in district court within 30 days of the refusal. Grounds for challenge include: lack of particularized suspicion to stop your vehicle, insufficient probable cause to request the test, or a claim that you did not actually refuse testing. You may also request temporary reinstatement of your license pending a court hearing on the merits.
