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Montana

Felony DUI

Fourth offense

DUID Zero Tolerance and Per Se Laws

Per se limit greater than zero for some drugs

Cannabis Drug-Impaired Driving Laws

THC per se (5 nanograms)

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.16

DUI Look-back Periods

Ten years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

Statewide program

Administrative License Suspension/Revocation

No ALS/ALR law

Sobriety Checkpoints

Alternative to checkpoints

Habitual Offender Designation

Habitual Offender Law Enacted

Drug Evaluation and Classification Program

51-100 DREs

DUI Courts - Standalone

1-5 DUI Courts

DUI Courts - Hybrid

1-5 Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Medical Cannabis

DUID: Implied Consent Testing Methods

Blood and urine

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

None

Lower BAC legislation

No legislation introduced

Low BAC

Low BAC may be considered with other evidence

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

Alcohol-impaired Driving Legislation

Ignition Interlocks

Discretionary

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Cannabis

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

No Distinctive License & No Seizure Law

No Refusal Programs

Lacks authorization

Oral Fluid Testing

No authorization

Implied Consent Laws

Drugs

61-8-1016 Learn More
*Effective 1/1/2022
Drivers are considered to have given consent to tests of blood or breath for the purpose of determining any measured amount or detected presence of alcohol or drugs.

Blood

61-8-1016 Learn More
*Effective 1/1/2022
Drivers are considered to have given consent to tests of blood or breath for the purpose of determining any measured amount or detected presence of alcohol or drugs.

Urine

61-8-1016 Learn More
*Effective 1/1/2022
Urine not mentioned in implied consent language, but urine tests mentioned under refusal section 61-8-1016(4)(a – c)

Oral Fluids

61-8-1016 Learn More
*Effective 1/1/2022
Oral fluids not mentioned in implied consent language, but "other bodily substance" mentioned under refusal section 61-8-1016(4)(a – c)

Other

61-8-1016 Learn More
*Effective 1/1/2022
Oral fluids not mentioned in implied consent language, but "other bodily substance" mentioned under refusal section 61-8-1016(4)(a – c)

DUI Statutes

Drugs

61-8-1002 - Learn More
*Effective 1/1/2022
When a person drives or is in physical control of: a vehicle or a commercial motor vehicle…while under the influence of alcohol, any drug, or a combination of alcohol and any drug…
while the person's delta-9-tetrahydrocannabinol level, excluding inactive metabolites, as shown by analysis of the person's blood or other bodily substance, is 5 ng/ml or more…

Combined/Multiple Substance

61-8-1002 - Learn More
*Effective 1/1/2022
… while under the influence of alcohol, any drug, or a combination of alcohol and any drug

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

61-8-1002 - Learn More
*Effective 1/1/2022
6-month license suspension and mandatory 24/7 sobriety/drug monitoring or participation in alcohol or drug detection testing program

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

61-8-1018 - Learn More
*Effective 1/1/2022
If the person under arrest refused to submit to one or more tests under 61-8-1016, whether or not a sample was subsequently collected for any purpose, proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed…

Criminal Trial

61-8-1018 - Learn More
*Effective 1/1/2022
If the person under arrest refused to submit to one or more tests under 61-8-1016, whether or not a sample was subsequently collected for any purpose, proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed…

ALR Laws

Cannabis

61-8-1007 - Learn More
*Effective 1/1/2022
Not specific to cannabis – same for all DUI

Length/Time of Restriction

61-8-1007 - Learn More
*Effective 1/1/2022
90 days upon the first conviction, 6 months upon the second conviction, and 1 year upon the third or subsequent conviction

Hardship License Available

61-5-232- Learn More 61-8-1007 - Learn More
Must have no traffic citations or alcohol-related or drug-related criminal charges are currently pending; may not be issued during the suspension period until the person has paid a license reinstatement fee

Random Drug Testing or Ignition Interlock Requirements

Cannabis

61-8-1010 - Learn More
*Effective 1/1/2022
Mandatory on 2nd or subsequent offense (all DUIs, not specific to cannabis)

Other Drugs

61-8-1010 a 61-8-1010 - Learn More
*Effective 1/1/2022
Mandatory on 2nd or subsequent offense (all DUIs, not specific to cannabis)

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

61-8-1002 - Learn More
No – specific to alcohol

Cannabis Per Se Statute

61-8-1002 - Learn More
*Effective 1/1/2022
Driving w/ delta-9-tetrahydrocannabinol level, excluding inactive metabolites, as shown by analysis of the person's blood or other bodily substance, is 5 ng/ml or more

Threshold

See above

Nanogram Limit

5 ng/ml

DUI Standards

Specific to THC, excludes inactive metabolites (see above)

Provisions for Screening Cannabis/Assessment/Education/Treatment

61-8-1009 - Learn More
*Effective 1/1/2022
All offenses subject to chemical dependence education/treatment. Education on first offense, treatment for 2nd or subsequent offense (or aggravated offense)

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

61-8-1007 - Learn More
*Effective 1/1/2022
First violation: up to 6 months jail; $600 to $1,000 fine
Second violation: 5 days to 1 year jail; $1,200 to $2,000 fine
Third violation: 30 days to 1 year jail; $2,500 to $5,000 fine
All offenses subject to chemical dependence education/treatment as outlined in 61-8-1009 and mandatory license revocation or suspension depending on number of offenses and whether aggravated offense

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

Yes
*Effective 1/1/2022
… while under the influence of alcohol, any drug, or a combination of alcohol and any drug

Penalties for Multiple Substance/Multiple Substance Impaired Driving

No additional penalties mentioned

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

61-8-1007 Learn More
*Effective 1/1/2022
If one or more passengers under 16 years of age were in the vehicle…
First violation: up to 6 months jail; $1,200 to $2,000 fine
Second violation: 10 days to 1 year jail; $2,400 to $4,000 fine
Third violation: 60 days to 1 year jail; $5,000 to $10,000 fine

Statutes with THC Listed as Delta 8, 9, 10, or 11

No Data Available

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

16-12-106 - Learn More
Age 21, up to 1 oz.

Underage Cannabis Laws and Penalties

Underage Possession

45-5-624 - Learn More
18-21 years: First offense $100-$300 fine; 20 hours community service; substance abuse info course (penalties increase on subsequent offenses)
<18 years: First offense $100-$300 fine; 20 hours community service; substance abuse info course; 30-day license suspension (penalties increase on subsequent offenses)

Underage Consumption

45-5-624 - Learn More
18-21 years: First offense $100-$300 fine; 20 hours community service; substance abuse info course (penalties increase on subsequent offenses)
<18 years: First offense $100-$300 fine; 20 hours community service; substance abuse info course; 30-day license suspension (penalties increase on subsequent offenses)

Underage Purchase

No Data Available
No Data Available

Underage Attempt to Purchase

45-5-624 - Learn More
Fined up to $150; may be ordered to perform community service

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

16-12-508 - Learn More <21 only with parental consent and referring physician

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

Repeat offenders subject to chemical dependency assessment and treatment. See 45-5-624 - Learn More

Social Host Laws

Cannabis

16-6-305 - Learn More
Alcohol only - not specific to cannabis or other drugs.

Drugs

16-6-305 - Learn More
Alcohol only - not specific to cannabis or other drugs.

Penalties for Retailers Who Knowingly Sell to People Under 21

45-9-101 - Learn More
Selling to a minor may incur an additional $50,000 fine, at least two 2 years in prison, or both.

Other

No Data Available