{"data":{"id":"us-mt/61-8-1008","jurisdiction":"us-mt","citation":"61-8-1008","heading":"Penalty for driving under influence -- fourth and subsequent offenses.","body":"(1) (a) A person convicted of a violation of driving under the influence, including 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(f), an offense that meets the definition of aggravated driving under the influence in 61-8-1001, or a similar offense under previous laws of this state or the laws of another state, who has also been convicted under 45-5-106 or 45-5-107, or any combination of three or more convictions under 45-5-104, 45-5-205, 45-5-628(1)(e), driving under the influence, including 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(f), an offense that meets the definition of aggravated driving under the influence in 61-8-1001, or a similar offense under previous laws of this state or the laws of another state, and the offense under 45-5-104 occurred while the person was operating a vehicle while under the influence of alcohol, any drug, or any combination of alcohol and any drug, as provided in 61-8-1002(1)(a), is guilty of a felony and shall be punished by:\n(i) being sentenced to the department of corrections for a term of not less than 13 months or more than 2 years for placement in either an appropriate correctional facility or a program, followed by a consecutive term of 5 years to the Montana state prison or the Montana women's prison, all of which must be suspended, and a fine of not less than $5,000 or more than $10,000; or\n(ii) being sentenced to a term of up to 5 years in an appropriate treatment court program, with required completion, and a fine of not less than $5,000 or more than $10,000. If sentenced under this alternative, the person may be entitled to a suspended sentence but is not eligible for a deferred imposition of sentence.\n(b) Regarding the sentence provided for in subsection (1)(a)(i):\n(i) the imposition or execution of the sentence may not be deferred or suspended, and the person is not eligible for parole;\n(ii) the program in subsection (1)(a)(i) may be a residential alcohol treatment program approved by the department of corrections;\n(iii) following initial placement of a defendant in a residential alcohol treatment program facility, the department of corrections may, at its discretion, place the offender in another facility or program;\n(iv) the court shall order that if the person successfully completes a residential alcohol treatment program approved by the department of corrections, the remainder of the 13-month to 2-year term must be served on probation with the conditions that:\n(A) the person abide by the standard conditions of probation promulgated by the department of corrections;\n(B) a person who is financially able to pay the costs of imprisonment, probation, and alcohol treatment under this section does so;\n(C) the person may not frequent an establishment where alcoholic beverages are served;\n(D) the person may not consume alcoholic beverages;\n(E) the person may not operate a motor vehicle unless authorized by the person's probation officer;\n(F) the person enter in and remain in an aftercare treatment program for the entirety of the probationary period;\n(G) the person submit to random or routine drug and alcohol testing; and\n(H) if the person is permitted to operate a motor vehicle, the vehicle be equipped with an ignition interlock system; and\n(v) the sentencing judge may impose on the defendant any other reasonable restrictions or conditions during the period of probation. Reasonable restrictions or conditions may include but are not limited to:\n(A) payment of a fine as provided in 46-18-231;\n(B) payment of costs as provided in 46-18-232 and 46-18-233;\n(C) payment of costs of assigned counsel as provided in 46-8-113;\n(D) community service;\n(E) any other reasonable restrictions or conditions considered necessary for rehabilitation or for the protection of society; or\n(F) any combination of the restrictions or conditions listed in subsections (1)(b)(v)(A) through (1)(b)(v)(E).\n(2) A person convicted of a violation of driving under the influence, including 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(f), an offense that meets the definition of aggravated driving under the influence in 61-8-1001, or a similar offense under previous laws of this state or the laws of another state, and who has also been convicted under either 45-5-106 or any combination of four or more prior convictions under 45-5-104, 45-5-205, 45-5-628(1)(e), driving under the influence, including 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(f), an offense that meets the definition of aggravated driving under the influence in 61-8-1001, or a similar offense under previous laws of this state or the laws of another state, and the offense under 45-5-104 occurred while the person was operating a vehicle while under the influence of alcohol, a dangerous drug, any other drug, or any combination of the three, as provided in 61-8-1002(1)(a), and the person was previously sentenced under subsection (1)(a)(i) or (1)(a)(ii), the person shall be punished by a fine of not less than $5,000 or more than $10,000, and by imprisonment in the state prison for a term of not more than 10 years. The person is not eligible for a deferred imposition of sentence.\n(3) If a person has previously been convicted and sentenced under subsection (2), the person shall be punished by a fine of not less than $5,000 or more than $10,000 and by imprisonment in the state prison for a term of not more than 25 years. The person is not eligible for a deferred imposition of sentence.\n(4) If a person who is presently being sentenced has previously been convicted and sentenced under subsection (3) on one or more occasions, the person shall be punished by a fine of not less than $5,000 or more than $10,000 and by imprisonment in the state prison for a term of not less than 5 years or more than 25 years. The first 5 years of the sentence may not be suspended.\n(5) The provisions of 46-18-203, 46-23-1001 through 46-23-1005, 46-23-1011 through 46-23-1014, and 46-23-1031 apply to a person sentenced under this section.\n(6) A person punished pursuant to this section is subject to mandatory revocation or suspension of the person's driver's license as provided in chapter 5.","path":["TITLE 61. MOTOR VEHICLES","CHAPTER 8. TRAFFIC REGULATION","Part 10. Driving Under Influence of Alcohol or Drugs"],"source_url":"https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0100/section_0080/0610-0080-0100-0080.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:57:57Z","sha256":"29cebe1f6ca0ebf40c197b81898b91e4d3b7a84e2106de968f5ef920b320ebe6","source_id":"us-mt","stale":false,"prev":"us-mt/61-8-1007","next":"us-mt/61-8-1009"},"notice":"GroundRules: Original legal text. Not legal advice."}