Though a misdemeanor, a third offense DUI in Montana (within 10 years) carries serious administrative and criminal penalties including minimum jail time. A refusal to submit to a blood test for a third DUI arrest will lead to an automatic DUI charge. A third offense DUI also includes possible vehicle seizure. Montana considers the first three DUI convictions to be misdemeanors (and it is the fourth conviction that is a felony).
A third DUI offense in Montana carries the following administrative penalties:
The driver’s license suspension can be reduced to 45 days and vehicle seizure avoided if the person meets 2 requirements.
The criminal penalties include the following:
All but 10 days of the jail sentence may be suspended if the person completes the chemical dependency treatment program.
The state of Montana has a look back period of 10 years. This means that any DUI conviction in the last 10 years will be considered when determining the level of offense.
Because of the severity of the punishment, it is recommended that you hire an experienced lawyer familiar with Montana DUI laws.