What statute defines DUI in Montana?

Mont. Code Ann. § 61-8-1002 is the controlling DUI statute in Montana. You can read the current text on the official code site at leg.mt.gov.

What is the Montana implied-consent law?

Mont. Code Ann. § 61-8-1016 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.

Montana DUI Statutes: The Code Sections That Control Your Case

The statutes that control Montana DUI cases

DUI in Montana is defined by Mont. Code Ann. § 61-8-1002, and the chemical-testing rules sit in Mont. Code Ann. § 61-8-1016. Both are published in the official state code at leg.mt.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.

Montana official code — DUI statute

Statutory text, definitions, BAC thresholds and sentencing ranges.

Implied-consent provision

What refusing a breath, blood or urine test costs you.

Statute at a glance

Montana DUI law at a glance

Sourced from the Montana code and state agency sites. Verify current text before relying on it.

Offense name: DUI (Montana)
Controlling statute: Mont. Code Ann. § 61-8-1002
Implied consent: Mont. Code Ann. § 61-8-1016
Per se BAC limit: 0.08 (0.04 CDL, 0.02 or lower under 21)
First-offense fine: $600–$1,000
First-offense jail exposure: up to 10 days
Licence suspension: 6 months
Ignition interlock: Not automatic on a first offense
Trial court: the Justice Court or Municipal Court
High-risk filing: SR-22 for 3 years

A first offense carries a fine and a mandatory minimum jail term.

First-offense exposure under Mont. Code Ann. § 61-8-1002: $600–$1,000, up to 10 days of jail exposure, and a 6 months licence suspension. A first offense carries a fine and a mandatory minimum jail term.

What Mont. Code Ann. § 61-8-1002 actually says

Mont. Code Ann. § 61-8-401(1)(a) — unlawful for a person under the influence of alcohol to drive or be in actual physical control of a vehicle on a public way.
Mont. Code Ann. § 61-8-401(1)(b) — the same for a person under the influence of a dangerous drug.
Mont. Code Ann. § 61-8-1007 sets the penalties for a first through third DUI offense.

Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on leg.mt.gov carries an effective date — amendments passed after it are not yet reflected.

Other Montana sections that control the case

Mont. Code Ann. § 61-8-1010

Interlock and 24/7 sobriety programme requirements.

Mont. Code Ann. § 61-8-1007

Penalties for a first through third DUI offense.

Montana ZIP codes covered

These Montana ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.

Browse all Montana ZIP codes.

Counties and cities using these Montana resources

Other Montana official resources

Montana DUI Courts: Where Your Case Is Heard Montana Driver Licensing After a DUI: Hearings, Reinstatement & SR-22

Frequently asked questions

What statute defines DUI in Montana?: Mont. Code Ann. § 61-8-1002 is the controlling DUI statute in Montana. You can read the current text on the official code site at leg.mt.gov.
What is the Montana implied-consent law?: Mont. Code Ann. § 61-8-1016 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.