Maybe, it depends upon the circumstances.
Refusal: If a person refuses the breath test his or her license will be suspended for a period of 6 months and revoked for a period of 1 year for a second or subsequent refusal. For refusal a probationary license may not be obtained. Under limited circumstances, a petition may be filed with the District Court to request the return of the drivers’ license.
DUI Conviction: For a first DUI conviction a persons’ drivers’ license will be suspended for a period of 6 months and revoked for a period of 1 year for a second or subsequent conviction. This time is in addition to any applicable suspension for a refusal. An essential driving or probationary permit may be issued if all of the following requirements are met:
Pay $200.00 Reinstatement Fee to DMV.
Obtain Judges Recommendation for Probationary License.
Enroll in the Alcohol Treatment Program.
Pay fees; take driver test if no license or license is expired.
The Penalties for a 1st DUI Conviction include:
4th or Subsequent Conviction:
Additionally, If the person is convicted of vehicular homicide while under the influence, the person shall be imprisoned for up to 30 years or fined up to $50,000 or both.
Under Montana’s Implied Consent Law drivers are considered to have given consent to blood or breath tests to determine the presence of alcohol or drugs. An arrested person may refuse to submit to such a test, but Montana law then allows a peace officer to seize the driver’s license. Your license will be suspended for 6 months upon a first refusal and for 1 year upon a second or subsequent refusal.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.