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Proving a DUI per se in Montana does not require a showing of impairment, only that an individual's blood alcohol (BAC) or breath alcohol (BrAC) was above a certain limit. For noncommercial vehicles, the “legal limit” is 0.08. For individuals under 21 years of age, the “legal limit” is 0.02.

It is unlawful for any person who is under the influence of alcohol . . . to drive or to be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public. 1984 Idaho Sess. Laws ch. 22, § 2, p.

Arizona is frequently cited as having the most rigorous DUI laws in the nation for first-time offenders. The state implements measures that are often reserved for repeat offenders in other regions.

(4) A court may not defer imposition of sentence under 61-8-1007 or 61-8-1008. (5) The provisions of 61-2-107, 61-5-205(2), and 61-5-208(2), relating to suspension of driver's licenses and later reinstatement of driving privileges, apply to any conviction under 61-8-1007 for a violation of 61-8-1002.

For a first DUI violation, one is subject to jailtime for not less than 24 consecutive hours or more than 6 months and by a fine of not less than $600 or more than $1,000. An exception to this is if one or more passengers within the vehicle is under 16 years of age at the time of the offense.

Typically, you may face a fine between $390 and $1,000, plus additional court assessments. First-time offenders can also be sentenced to up to six months in jail, though probation is often granted instead. Probation generally lasts three to five years, with certain conditions, such as attending DUI school.

If you've been accused of DUI The case could be dismissed on a technicality by the judge. The case could be dismissed by the prosecutor. The case could be resolved via a deferred prosecution agreement, where charges are ultimately dismissed. The case could be transferred to a DUI treatment court.

It happens more often than you think, and the process can be very intimidating. Knowing the possible penalties is important so you keep yourself informed. If you are accused of a first time DUI in Montana you are facing a potential sentence of at least 24 hours in jail and up to 6 months in jail.

DUI Expungement in Montana Misdemeanor DUI convictions in Montana can now be expunged, but they will be looked at very closely by the courts and are less likely to be successful. The court will look at: Time since conviction and sentence. Remember the 5-year minimum is just that, a minimum.