Montana courts may order the installation of ignition interlock devices (IID) in cases of driving under the influence (DUI). The IID is connected to the vehicle’s ignition system and requires the driver to submit a breath sample before starting the vehicle. If the device detects a breath alcohol level that is above a preset limit, the vehicle will not start. The IID requires random breath samples while the offender is operating the vehicle. Offenders must obtain IIDs that are certified by the state. Offenders are responsible for any and all costs associated with the device, including installation, leasing and maintenance.
Offenders are required to have the IIDs serviced at the frequency specified by the service provider. During the service appointments, the service provider inspects the device and downloads all data. The data and all violations are reported to the court.
For first-time DUI and per se convictions, the court may grant the offender a probationary license. Probationary licenses allow limited driving during the period of license suspension. The term “per se” indicates impaired driving as defined by a blood alcohol content that is above the legal limit. As a condition of the probationary license, the court may require the installation of an IID in any and all vehicles operated by the offender. To be eligible for a probationary license, the offender must not have a license suspension or revocation in another state.
The courts may order specific restrictions on probationary licenses including occupational, school and essential driving. Under these restrictions, offenders must drive the most direct route for a period of time not to exceed what is required with normal traffic conditions. Occupational restrictions allow offenders to drive to and from their residences and their normal places of employment. During work hours, offenders may drive at the specific direction of their employers for the purpose of completing job-related functions. The school restriction allows offenders to drive to and from their residences and schools or educational institutions in which they are enrolled. The essential driving restriction allows offenders to drive to and from their residences to their normal places of employment, schools or educational institutions in which they are enrolled and for purposes related to the maintenance of their households.
Probationary licenses will not be granted for second or subsequent DUI or per se convictions. For second and subsequent DUI-related convictions, the offender’s driving privileges will be suspended for a period of one year. During the suspension period, the offender must complete court-approved alcohol treatment. Alcohol treatment includes assessment, education, treatment and monthly monitoring. At the end of the suspension period, the offender must pay a $200 reinstatement fee to Driver Control. Failure to complete treatment or pay the reinstatement fee may result in permanent suspension of driving privileges and all vehicles being seized or rendered inoperable. If the offender successfully completes treatment and pays the reinstatement fee, the offender must have IIDs installed on any and all vehicles for 12 months. Failure to install ignition interlock devices will result in the offender’s vehicles being seized and subject to forfeiture.
In cases of third and subsequent DUI-related convictions, the offender’s vehicles are seized and subject to forfeiture. Offenders may not sell, transfer or dispose of the vehicle while the case is pending. Fourth and subsequent DUI-related convictions are felonies.
Additional Resources For Ignition Interlock Montana Laws
Montana Department of Transportation – DUI Manual
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