The consequences for a second driving under the influence (DUI) conviction are more serious. Under Montana law, a DUI as a second offense, in violation of § 61–8–401, MCA, is punishable by up to one year of incarceration. Section 61–8–714(2)(a), MCA.
The criminal defense attorney can file a motion to suppress or exclude the breath test results when the State does not lay a prior foundation showing that the Intoxilyzer was in compliance with the Administrative Rules of Montana.
Operating a motor vehicle with an alcohol concentration in excess of 0.08 in violation of § 61–8–406(1)(a), MCA, is known as the DUI “per se” statute. Section 61–8–406(1)(a), MCA, the DUI “per se” statute, prohibits a person from driving or being in control of a noncommercial motor vehicle on a public roadway while having an alcohol concentration of 0.08 or higher.
Another form of “per se” DUI in Montana prohibit operate a vehicle with excessive marijuana concentration under § 61-8-411, MCA. The prohibition on driving with an excessive marijuana concentration applies to all commercial and non-commercial drivers.
If you refuse to submit to an Intoxilyzer breath test then your driver’s license can be suspended pursuant to § 61–8–402, MCA. After a driver’s license suspension under § 61–8–402, MCA, your attorney can file a petition to reinstate the driver’s license pursuant to § 61–8–403, MCA.
In response to the levels of drunk driving in Montana, the 2011 Legislature enacted the Montana 24/7 Sobriety Program Act, §§ 44–4–1201 through 1206, MCA1. The purpose of the Act is “to protect the public health and welfare by reducing the number of people on Montana’s highways who drive under the influence of alcohol or dangerous drugs..:
Under MCA § 45-5-205(1), the crime of “negligent vehicular assault” requires proof that a person negligently operates a vehicle, other than a bicycle, while under the influence of alcohol or drugs, and who causes bodily injury to another commits the offense of negligent vehicular assault.
A person commits the offense of vehicular homicide while under the influence if the person negligently causes the death of another human being while the person is operating a vehicle in violation of MCA §§ 61-8-401 or 61-8-406.
DUI for any person under the age of 21 with a BAC of .02 or more is punishable by a fine of $100 to $500. The driver’s license suspension period is 90 days. The person convicted of this form of DUI, if convicted, will be required by the court to take a chemical dependency education course.