DUI charges in Montana, no matter the outcome, will often involve a requirement that you take the ACT class. In fact, conviction for DUI per se requires that you take a state approved alcohol or dangerous drugs information course. The course must be provided by a certified chemical dependency counselor. The ACT program is a common way to meet that requirement in Montana. The ACT program stands for ASSESSMENT, COURSE, and TREATMENT.
ASSESSMENT: this is the evaluative portion of the program. It is used to identify chemical use patterns of DUI offenders and to make appropriate recommendations for education and treatment.
COURSE: this is the educational portion of the program. The DUI educational component must include a minimum of 4 educational sessions totaling at least 8 hours. The curriculum needs to cover 4 major topics: review of the law and consequences, physiological/neurophysiological effects of alcohol or other drugs, social and psychological implications of alcohol, and self assessment.
TREATMENT: a referral to the ACT class contains a requirement that the defendant complete any recommended treatment. The need for treatment services must be documented and verified through assessment and state approved patient placement procedures. Treatment may be provided by the treatment program conducting the ACT program or through a referral to another treatment program.
Even if your case ends in a plea agreement wherein you plead to a lesser offense, the prosecutor and judge may still require that you complete the ACT program. To complete the class, you must enroll by the date specified by the Court. If no date is specified, you must enroll within 10 days of the ACT program’s receipt of the Court referral. From there, you must start the course within 30 days of the program’s receipt of the referral, and must complete the program in a minimum of 30 days from the date of enrollment, but no longer than 90 days from the date of the enrollment.