Montana Driving Under the Influence

Upon conviction for a first DUI in Montana, the offender must be sentenced to a minimum of 24 consecutive hours in the county jail or a maximum of six months. Also, the offender must be fined a minimum of $300 and a maximum of $1,000. Any imprisonment beyond the 24 consecutive hours can be served under house arrest. The 24 hour minimum may be suspended if imprisonment poses a health risk or a danger to the offender’s mental well-being.

In addition to the penalties described above, the offender must attend a chemical dependency assessment and education course at an approved treatment program. The course is called the ACT program (Assessment Course Treatment). The offender may choose which ACT program to attend, but the assessment and course must be at a program approved by the Montana DPHHS.

If treatment is recommended by the ACT program and ordered by the Court, it may be provided by any certified chemical dependency counselor. The original court order must contain all the treatment required.

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