DUI Penalties
MCA 61-8-1007 — 0.08, or 5 ng/ml of THC, and 24 hours and $600 the first time
A person commits driving under the influence by driving, or being in actual physical control of, a vehicle on the ways of the state open to the public while under the influence of alcohol or any drug, or with an alcohol concentration of 0.08 or more, or a THC level of 5 ng/ml or more.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.
| Conviction | Jail | Fine |
|---|---|---|
| ConvictionFirst | Jail24 consecutive hours to 6 months | Fine$600 to $1,000 |
| ConvictionSecond | Jail7 days to 1 year | Fine$1,200 to $2,000 |
| ConvictionThird | Jail30 days to 1 year | Fine$2,500 to $5,000 |
A child in the car. With a passenger under 16, the first offense brings 48 consecutive hours to 1 year and a fine of $1,200 to $2,000, and the later ones double the minimums.
A fourth DUI, counting earlier DUIs and the related homicide and assault offenses the section lists, is a felony, with 13 months to 2 years to the department of corrections and a fine of $5,000 to $10,000.
Sources for this section (3)
- MCA 61-8-1002 — Driving under influence
- MCA 61-8-1007 — Penalty for driving under influence -- first through third offenses
- MCA 61-8-1008 — Penalty for driving under influence -- fourth and subsequent offenses
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.