Understanding Aggravated DUI Charges in Montana

What is an Aggravated DUI in Montana?

Under Montana law, a DUI becomes an aggravated DUI if any of the following circumstances apply:

• High BAC: The driver’s alcohol concentration is 0.16 or higher as shown by a blood, breath, or other bodily analysis.

• Ignition Interlock Order: The driver is under a court or DMV order to only operate vehicles equipped with an ignition interlock device.

• License Suspension or Revocation: The driver’s license is suspended, canceled, or revoked because of a prior DUI or related offense.

• Refusal to Test with Prior Suspension: The driver refuses a required breath test and their license or driving privilege was already suspended, canceled, or revoked under Montana’s implied consent laws.

Penalties for Aggravated DUI in Montana

Montana law imposes progressively harsher consequences for repeat aggravated DUI offenses.

Aggravated DUI – First Offense

• Jail: 2 days to 1 year

• Fine: $1,000

• If a passenger under 16 is present: 4 consecutive days to1 year in jail, and a $2,000 fine

Aggravated DUI – Second Offense

• Jail: 15 days to 1 year

• Fine: $2,500

• If a passenger under 16 is present: 45 days to 1 year in jail, and a $5,000 fine

Aggravated DUI – Third Offense

• Jail: 40 consecutive days to 1 year

• Fine: $5,000

• If a passenger under 16 is present: 90 consecutive days to1 year in jail, and a $10,000 fine

Why These Charges Matter

An aggravated DUI conviction in Montana doesn’t just mean steeper fines and longer jail sentences—it can also lead to:

• A lengthy driver’s license suspension

• Mandatory participation in treatment programs

• Installation of an ignition interlock device

• Lasting damage to employment and personal reputation

How Ryan Miller & Coburn Can Help

At Ryan Miller & Coburn, we know how prosecutors handle aggravated DUI cases in Montana, and we fight to protect our clients’ rights at every step. Whether it’s challenging the evidence, negotiating reduced penalties, or pursuing alternative sentencing options, our goal is to minimize the impact these charges have on your life. If you’re searching for an experienced Missoula aggravated DUI lawyer or Montana DUI attorney, we are here to help.

Facing an aggravated DUI charge? Don’t wait. Call Ryan Miller & Coburn today for a confidential consultation and let us put our experience to work for you.

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