The penalties for a second DUI in Montana (within 10 years) are set forth in Montana Code Annotated (MCA) Section 61-8-401.
Look Back Period
In Montana, a court can legally consider any DUI occurring 10 years before the currently pending DUI (The lookback, prior to 2013, was five years). This means that if a DUI offender has committed a previous DUI inside or outside of Montana within the past 10 years, the arrest will be considered a second offense and punished accordingly.
Felony vs. Misdemeanor
A second offense DUI is a misdemeanor in Montana, because it is punishable by six months in jail, or twelve months if a passenger in the car is 16 years old or younger.
A Montana court can sentence a second DUI offender to a minimum of seven days and a maximum of six months in prison. However, this sentence can be suspended if the offender attends alcohol treatment. Additionally, it can fine the offender between $600-1,000. If a passenger is 16 years old or younger, the court can punish the offender to no less than 14 days and no more than 12 months in prison and fine them between $1,200-2,000.
Additionally, the court can order that an ignition interlock device be placed on the offender’s vehicle, to prevent them while driving intoxicated, and even order that their car be seized for as long as a year.
The Montana DMV has the authority to revoke a second time DUI offender’s driver’s license for as long as a year.
Getting Legal Help
If you are facing a second DUI action in Montana, you may benefit from the assistance of an attorney.