It is a crime under Montana law for any person who is under 21 years old to operate a vehicle with an alcohol Concentration of .02 or more. Under MCA § 61-8-410(1), to convict the Defendant of the offense of operating a motor vehicle while under the age of 21 with an alcohol concentration of .02 or more , the state must prove the following elements:
The Defendant was under the age of 21; and
The defendant was driving or in actual physical control of] a vehicle;
The vehicle was operating upon the ways of this state open to the public;
The Defendant’s alcohol concentration was 0.02 or more.
The jury instruction for Operation of Vehicle by Person Under Twenty-one with Alcohol Concentration of .02 or More is contained in MCJI 10-104. MCA § 61-8-407 defines the standard for determining alcohol concentration.
Attorney for Under 21 DUI in Helena, MT
If you were charged with DUI while under the age of 21 years old, then contact an experienced criminal defense attorney at Beebe Law Firm. Attorney Greg Beebe is experienced in representing young people accused of driving under the influence of drugs or alcohol. He also represents young people accused of delinquent acts in juvenile court.
For any offense in Lewis and Clark County or the surrounding areas in the State of Montana. Call (406) 442-3300.
Penalties for DUI under 21 Years Old
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.
For a second offense, a person under 21 year old convicted of DUI with a BAC of .02 or more is subject to a fine of $200 to $500 and incarceration for up to 10 days. The incarceration period, however, only applies to a person convicted of the offense if that person is under 18 years of age. Additionally, the court must impose a driver’s license suspension period of six months. The court will also require the defendant to take a chemical dependency education course.
For a third offense, a person under 21 years old with a BAC of .02 who is convicted of a third or subsequent DUI is subjected to a fine of $300 to $500 and a jail sentence of up to 60 days. The jail sentence, however, does not apply to a defendant under the age of 18 years old. The court must also impose a driver’s license suspension period of one year. If convicted, the court must also require the defendant to take a chemical dependency education course.