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Understanding How Montana Classifies DUI Charges
Montana drivers arrested for a DUI often ask a key question early in the process: Is this a misdemeanor or a felony? The answer depends on several factors, including your prior record, the specific circumstances of the current offense, and whether any harm or injury was involved. While most first and second DUI offenses in Montana are classified as misdemeanors, the situation can quickly escalate—particularly with repeated offenses or serious aggravating factors.
This article breaks down how Montana classifies DUI offenses under state law, what legal thresholds must be met for a felony charge, and how the classification affects the penalties, process, and long-term consequences. It also explores the difference between criminal classification and administrative consequences, how DUI charges appear on your record, and what to expect with repeat or serious DUI cases.
Montana law uses the acronym DUI (Driving Under the Influence) to refer to all forms of impaired driving—whether due to alcohol, drugs, or a combination. By the end of this article, you’ll have a clear understanding of how DUIs are categorized and what each classification means for drivers in Montana.
First and Second DUIs in Montana Are Misdemeanors
Under Montana Code Annotated § 61-8-401 and § 61-8-714, a first or second DUI offense within a ten-year period is classified as a misdemeanor. While this does not make the offense minor, it does indicate that the penalties—though serious—are not as life-altering as those associated with felony charges.
First-Offense DUI (Misdemeanor)
- Jail time: 24 hours to 6 months
- Fines: $600 to $1,000
- License suspension: 6 months
- Mandatory education or treatment programs
- Possible ignition interlock device installation
- Probation with conditions for compliance
A first DUI offense is typically treated with a mix of punishment and rehabilitative measures. The goal is to discourage future offenses while offering first-time offenders a chance to comply with conditions and move forward.
Second-Offense DUI (Misdemeanor)
- Jail time: 7 days to 6 months (minimum 7 days mandatory)
- Fines: $1,200 to $2,000
- License suspension: 1 year
- Required substance abuse evaluation and education
- Mandatory ignition interlock device
- Formal probation
A second DUI conviction carries stiffer penalties, reflecting a pattern of risky behavior. Judges have less discretion to suspend jail sentences, and most courts will require strict compliance with treatment and monitoring conditions.
Despite being misdemeanors, these offenses carry criminal records, affect employment opportunities, and may increase insurance costs for several years. They also become priorable—meaning they count against you in future offenses.
Third DUI: Misdemeanor Classification with Enhanced Penalties
In Montana, a third DUI offense within 10 years is still classified as a misdemeanor, but it comes with significantly enhanced sentencing requirements that signal the beginning of more serious legal consequences.
Third-Offense DUI (Misdemeanor, Enhanced)
- Jail time: 30 days to 1 year (minimum 30 days mandatory)
- Fines: $2,500 to $5,000
- License suspension: Minimum 1 year
- Mandatory ignition interlock device
- Substance use monitoring, SCRAM devices, or home detention
- Extended probation with close supervision
At this point, most Montana courts view the individual as a repeat, high-risk offender, and are far less likely to offer leniency. Even though the charge remains a misdemeanor, the lifestyle impact increases significantly: longer jail terms, higher costs, and restricted driving for an extended period.
Fourth DUI or More: When It Becomes a Felony in Montana
Under Montana law, a fourth DUI offense—regardless of time frame—is classified as a felony. Unlike many states, Montana has a lifetime lookback period, meaning all prior DUI convictions—no matter how old—count toward the felony threshold.
Felony DUI (Fourth or More)
- Mandatory minimum of 13 months in a residential alcohol treatment program
- Followed by up to 5 years in state prison
- Felony-level fines and surcharges
- Permanent license revocation or long-term suspension
- Loss of civil rights (e.g., firearms, voting during incarceration)
- Permanent criminal record that cannot be expunged
Felony DUI offenders must complete a Montana Department of Corrections-approved treatment program as part of their sentence. Afterward, many face probation or supervised release, as well as years of ignition interlock use and SR-22 insurance filings.
In felony cases, judges have less flexibility and more statutory requirements to follow. The burden of proof and seriousness of penalties are higher, and the long-term consequences extend well beyond the jail sentence.
DUI With Serious Injury or Death: Separate Felony Charges
Even if it’s a first or second DUI, the presence of injury or fatality can elevate the charge to a felony. These offenses fall outside the standard DUI classification system and are charged under Montana’s criminal endangerment or vehicular homicide laws.
Examples of DUI-Related Felony Charges
- Criminal Vehicular Homicide (MCA § 45-5-106): Causing death while driving under the influence
- Vehicular Assault (MCA § 45-5-205): Causing serious bodily injury due to impaired driving
- Criminal Endangerment (MCA § 45-5-207): Reckless or dangerous behavior that threatens others’ safety
Conviction for one of these offenses leads to prison time, felony records, and permanent loss of driving privileges. In cases involving death or serious injury, prosecutors often pursue additional charges beyond DUI to reflect the harm caused.
Aggravating Factors and Enhanced Penalties
Certain aggravating factors in a DUI case may increase sentencing severity, even if the offense remains a misdemeanor. While these enhancements don’t change the charge to a felony on their own, they reduce the court’s flexibility and may result in maximum penalties.
Common aggravating factors include:
- High BAC (0.16% or greater)
- Refusal to submit to BAC testing
- DUI with a child in the vehicle
- Driving on a suspended or revoked license
- Property damage or involvement in a crash
These conditions often lead to longer jail time, higher fines, or court-ordered treatment extensions. Some may also disqualify drivers from receiving a restricted license during suspension.
Administrative vs Criminal Classifications
Montana handles DUI enforcement through both criminal courts and the Montana Motor Vehicle Division (MVD). It’s important to understand that classification—misdemeanor or felony—applies only to the criminal process. Meanwhile, the MVD enforces administrative penalties, such as license suspension or ignition interlock requirements.
Criminal Classification
- Based on prior DUI offenses and incident details
- Leads to jail time, fines, probation, and a criminal record
- Determines whether a charge is a misdemeanor or felony
Administrative Classification
- Triggered by failing or refusing a chemical test
- Leads to immediate license suspension
- Enforced regardless of court outcome
- May apply even without a conviction
Because these processes are independent, someone could be found not guilty in court but still lose their license through administrative actions—or vice versa. Understanding both sides of the system is critical when navigating a DUI case.
How DUI Charges Appear on Criminal Records
In Montana, all DUI charges—misdemeanor or felony—appear on your criminal record and driving history. These records are visible to:
- Law enforcement
- Employers
- Insurance providers
- Court systems
- Professional licensing boards
Misdemeanor DUIs
- Appear as criminal convictions
- Typically cannot be sealed or expunged
- Remain on your Montana driving record for life
- May be used to enhance future charges
Felony DUIs
- Appear as permanent felony convictions
- Cannot be removed from criminal background checks
- Can affect employment, housing, loans, and civil rights
Whether misdemeanor or felony, a DUI conviction leaves a lasting digital footprint. Employers performing background checks may view the presence of multiple DUI arrests or a felony DUI conviction as a red flag—especially for driving-related or safety-sensitive positions.
DUI Classification by Lookback Period
Montana uses a 10-year lookback period for determining misdemeanor repeat offenses (first, second, third DUIs). However, when calculating for felony classification, the lookback period is lifetime.
Summary:
- 1st DUI → Misdemeanor
- 2nd DUI (within 10 years) → Misdemeanor
- 3rd DUI (within 10 years) → Misdemeanor with enhanced penalties
- 4th DUI (any time) → Felony
- Any DUI involving death or serious injury → Felony
This structure means that even a DUI from decades ago can push a new arrest into felony territory. Drivers with any DUI history should be aware that Montana’s statutes do not forget previous offenses, regardless of how much time has passed.
FAQ: DUI Misdemeanor vs Felony in Montana
Is every DUI in Montana a felony?
No. Only a fourth or subsequent DUI or one involving serious injury or death is a felony. First, second, and third offenses are misdemeanors.
Does Montana count old DUI convictions toward felonies?
Yes. Montana uses a lifetime lookback period for felony DUI classification. Even DUIs from decades ago may count.
Can you go to prison for a DUI in Montana?
Yes. Felony DUIs can result in state prison sentences up to 5 years. Misdemeanor DUIs may include county jail time only.
Do aggravating factors automatically make a DUI a felony?
No. They increase penalties but do not convert a misdemeanor to a felony unless certain thresholds are met (e.g., fourth DUI or causing injury).
What happens if you refuse a breath or blood test?
You face an automatic 6–12 month license suspension and possibly higher court penalties—but refusal alone does not make the DUI a felony.
Are felony DUI convictions permanent?
Yes. They are not expungable under Montana law and remain on your criminal and driving record permanently.
Can you get a restricted license after a felony DUI?
It depends on the court’s orders and MVD rules. Most drivers must complete treatment and supervision periods before reinstatement.
Conclusion: Misdemeanor vs Felony DUI Classification in Montana
Montana classifies DUI offenses based on prior history and incident severity. First, second, and third offenses within a 10-year period are misdemeanors, though each carries increasing penalties. Starting with a fourth DUI, charges become felonies, triggering mandatory treatment, possible state prison time, and lifelong consequences. Additionally, DUI cases involving serious injury or death may lead to separate felony charges.
Knowing how DUI classification works in Montana is essential for understanding the legal process, possible penalties, and long-term outcomes. For an overview of Montana’s DUI laws by state, visit the State By State DUI Laws page. To explore how these classifications affect penalties and legal procedures, check out the How State DUI Laws Affect Arrests and Penalties article.