Is a DUI a felony in Montana?
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At the fourth — and one of the two sentences carries no parole. Montana reaches the felony at the fourth offence, counting prior convictions for driving under the influence, for aggravated driving under the influence, and for a set of related criminal offences including negligent vehicular assault and vehicular homicide while under the influence, in this state or another, under current or previous law. The court then chooses between two sentences, and the choice matters more than the label. The first is a term of not less than thirteen months and not more than two years to the Department of Corrections for placement in a correctional facility or a programme, followed by a consecutive five-year term to the Montana State Prison or the Montana Women’s Prison that must be suspended in full, plus a fine of $5,000 to $10,000. On that route the statute closes every door: imposition or execution may not be deferred or suspended and the person is not eligible for parole. The second is up to five years in a treatment court programme with required completion and the same fine; a suspended sentence is possible there, but a deferred imposition is not.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in MT — and the paperwork will use none of them. Montana charges it under a section number, and that is what decides the range below.
Grade. Felony
Confinement. 13 months to 2 years to the Department of Corrections, then a consecutive suspended five-year term — or up to 5 years in a treatment court
Fine. $5,000 to $10,000
Montana Code Annotated § 61-8-1008 · Mont. Code Ann. § 61-8-1008(1)(a), (1)(b); § 61-8-1002 · checked 2026-09-06
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A fourth offence, counting related criminal convictions | Felony — 13 months to 2 years to the Department of Corrections, then a suspended five-year term | The count is not limited to driving under the influence. Convictions for negligent vehicular assault, vehicular homicide while under the influence and other listed offences count toward it, in this state or another, under current or previous law. On this sentencing route imposition or execution may not be deferred or suspended and there is no parole. Montana Code Annotated § 61-8-1008 · Mont. Code Ann. § 61-8-1008(1)(a)(i), (1)(b) · checked 2026-09-06 |
| Choosing the treatment court route instead | Up to five years in a treatment court programme, with required completion | The second of the two sentences the statute allows. A suspended sentence is possible on this route, but a deferred imposition of sentence is not, and the fine of $5,000 to $10,000 applies either way. Montana Code Annotated § 61-8-1008 · Mont. Code Ann. § 61-8-1008(1)(a)(ii) · checked 2026-09-06 |
The device is a separate track
Montana gives the court a choice rather than a mandate on a first offense: it can send you to the 24/7 sobriety and drug monitoring program, or issue a probationary license restricted to an interlock-equipped vehicle. Either way you pay for the monitoring yourself.
In Montana the interlock term runs Set by the court and is administered by The sentencing court, with records held by the Montana Motor Vehicle Division — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: The sentencing court, with records held by the Montana Motor Vehicle Division
Montana DUI questions
Is a DUI a felony in Montana?
At the fourth — and one of the two sentences carries no parole. Montana reaches the felony at the fourth offence, counting prior convictions for driving under the influence, for aggravated driving under the influence, and for a set of related criminal offences including negligent vehicular assault and vehicular homicide while under the influence, in this state or another, under current or previous law. The court then chooses between two sentences, and the choice matters more than the label. The first is a term of not less than thirteen months and not more than two years to the Department of Corrections for placement in a correctional facility or a programme, followed by a consecutive five-year term to the Montana State Prison or the Montana Women’s Prison that must be suspended in full, plus a fine of $5,000 to $10,000. On that route the statute closes every door: imposition or execution may not be deferred or suspended and the person is not eligible for parole. The second is up to five years in a treatment court programme with required completion and the same fine; a suspended sentence is possible there, but a deferred imposition is not. A fourth offence, counting related criminal convictions: felony — 13 months to 2 years to the department of corrections, then a suspended five-year term. Choosing the treatment court route instead: up to five years in a treatment court programme, with required completion.
What does a 3rd DUI in Montana carry?
Felony: 13 months to 2 years to the department of corrections, then a consecutive suspended five-year term — or up to 5 years in a treatment court, and a fine of $5,000 to $10,000. The range is set by Mont. Code Ann. § 61-8-1008(1)(a), (1)(b); § 61-8-1002, and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Montana?
A fourth offence, counting related criminal convictions — felony — 13 months to 2 years to the department of corrections, then a suspended five-year term. Choosing the treatment court route instead — up to five years in a treatment court programme, with required completion.
Does an interlock come with it in Montana?
Montana gives the court a choice rather than a mandate on a first offense: it can send you to the 24/7 sobriety and drug monitoring program, or issue a probationary license restricted to an interlock-equipped vehicle. Either way you pay for the monitoring yourself. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by The sentencing court, with records held by the Montana Motor Vehicle Division.
Other steps in Montana: first offense penalties.
All Montana DUI rules →Penalties across the states →Montana DUI lawyers →Getting the license back →
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