Every year, more than 200 people die in motor vehicle accidents in Montana; Excessively. There are some things we can all do to protect ourselves and our children – always fasten seat belts, drive within speed limits, and not drink and drive. These are simple measures that save lives. Montana is not alone. It is also legal to drink while driving in Mississippi and Wyoming. But there are limits. Many cities in Montana have passed local ordinances against this practice, and you can`t get drunk driving through the land of the big sky. NOTE: See the requirements of subsection 61-8-405(1) of the M.C.A., which determine who is authorized to take a legal blood test. Daytime speed limits apply from half an hour before sunrise to half an hour after sunset. Night speed limits apply at all other times.
The following speed limits came into effect on May 28, 1999. These speed limits apply unless a road or highway is otherwise designated for construction or a local boundary. Montana`s speed limit laws begin at § 61-8-303, MCA. In addition to the legal consequences, drivers can also lose their driver`s license. In the event of a first violation of the DUI, the driver`s license can be suspended for up to six months. For a second offence committed within 50 years of the first offence, the licence may be suspended for one year. In addition, repeat offenders could be asked to participate in Montana`s 24/7 field sobriety program, a program that requires drivers to be tested for alcohol throughout the day. Those under the age of 21 who are convicted could be sentenced to community service and lose their licence until they reach the age of 21. Laws prohibiting reckless or reckless driving are in effect on Montana`s roads.
These laws allow motorists to stop, even if they do not exceed the specified speed limit, if the speed at which they are driving is considered too fast for the conditions or dangerous for others on the road. As journalist Eve Byron returns home to rural Montana, she doesn`t think about drinking a beer while driving. And why not? It`s completely legal in Montana. Montana is one of the deadliest states in the country when it comes to drunk driving deaths, according to a recent report by the National Highway Transportation Safety Administration (NHTSA). In Montana, 30% of all fatal crashes involve at least 1 driver whose blood alcohol level is above the legal limit. A drunk driving charge is a serious offense in any state, but Montana has particularly harsh penalties. Anyone facing these types of charges should consider speaking to a lawyer to create a vigorous defense. Like the other 49 states, Montana considers a blood alcohol level of 0.08 to be the legal level of intoxication, and those with a blood alcohol level of 0.08 or higher will be charged with impaired or impaired driving. For drivers under 21 years of age, the blood alcohol level is 0.02 and for drivers of commercial vehicles 0.04. When defending against charges of impaired driving, an experienced lawyer will attempt to name the actions of the officer in question during the stop and subsequent arrest.
All aspects of the investigation are examined. Depending on the situation, a plea agreement could be negotiated or a request for a minimum sentence could be made, especially for first-time offenders. Driving under the influence of alcohol, drugs or both is more than illegal – it can be deadly. M.C.A. 61-8-731: For a fourth or subsequent offense of impaired driving, a felony, the penalties are as follows: And yet, Montana has some of the mildest drinking and driving laws in the country. Obviously, the best defence against a drunk driving charge is not to need it. In the event that a person in Montana is charged with driving under the influence of alcohol, understanding the charges, as well as knowing a person`s potential penalties, can help determine the best course of action for their personal situation. (i) the officer is likely to have reason to believe that a person under the influence of alcohol and/or drugs has driven or physically controlled a vehicle on publicly accessible roads in that State and has been arrested for driving under the influence of alcohol; Drivers must drive their vehicles, taking into account the safety of persons and property, in such a way as not to endanger the life, physical integrity, property or other rights of persons authorized to use the roads.
NOTE: The only program approved by the Montana Department of Corrections in this section is the WATCh program with facilities in Warm Springs and Glendive. This is a hospital treatment program of at least 6 months. M.C.A. 61-8-402 (6)(a): The following periods of suspension apply for refusal to submit to one or more tests: It is important to note that a person with a blood alcohol concentration below 0.08 may still be charged with impaired driving if the officer observes any of the above symptoms of impaired driving. Bill Muhs, who heads the Bozeman section of the group, lobbied hard for the farewell. Her 20-year-old daughter was killed by a drunk driver. NOTE: The Montana Supreme Court has now required that in a case of impaired driving, the same affirmative jurisdiction requirement for impairment be introduced. See statement v. Michaud, 2008 MT 88. Refusal to take a blood alcohol test will result in an automatic 6-month suspension of your driver`s licence (for non-commercial drivers) and an automatic 1-year suspension of your driver`s licence (for commercial drivers).
The length of the lock increases with additional violations. The state of Montana will impose a hefty fine on all violators of impaired driving. At the time of writing, first-time offenders can face a fine of at least $600 if convicted (excluding court and other costs), while a second conviction is punishable by a $1,200 fine. If you are unlucky enough to drive under the influence of alcohol a third time, the fine is $2,500. What is the moral of this story? Don`t break the law and you don`t have to break the bank to pay the fines. NOTE: Proof of impaired driving in Montana requires the state to prove beyond a doubt that a person was actually impaired, meaning that the person`s ability to operate a motor vehicle was impaired due to alcohol and/or drugs.
