Montana Code 61-8-1008. Penalty for driving under influence — fourth and subsequent offenses
61-8-1008. Penalty for driving under influence — fourth and subsequent offenses. (1) (a) A person convicted of a violation of driving under the influence, including 61-8-1002(1)(a), (1)(b), (1)(c), or (1)(d), 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 either 45-5-106 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), or (1)(d), 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:
Terms Used In Montana Code 61-8-1008
- Aggravated driving under the influence: means a person is in violation of 61-8-1002(1)(a), (1)(b), (1)(c), or (1)(d) and:
(a)the person's alcohol concentration, as shown by analysis of the person's blood, breath, or other bodily substance, is 0. See Montana Code 61-8-1001
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
- Drug: means any substance that when taken into the human body can impair a person's ability to operate a vehicle safely. See Montana Code 61-8-1001
- Motor vehicle: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Revocation: means the termination by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for and be issued a driver's license for a period of time designated by law, during which the license or privilege may not be renewed, restored, or exercised. See Montana Code 61-1-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Suspension: means the temporary withdrawal by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for or be issued a driver's license for a period of time designated by law. See Montana Code 61-1-101
- Under the influence: means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person's ability to safely operate a vehicle has been diminished. See Montana Code 61-8-1001
- Vehicle: has the meaning provided in 61-1-101, except that the term does not include a bicycle. See Montana Code 61-8-1001
(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
(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.
(b)Regarding the sentence provided for in subsection (1)(a)(i):
(i)the imposition or execution of the sentence may not be deferred or suspended, and the person is not eligible for parole;
(ii)the program in subsection (1)(a)(i) may be a residential alcohol treatment program approved by the department of corrections;
(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;
(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:
(A)the person abide by the standard conditions of probation promulgated by the department of corrections;
(B)a person who is financially able to pay the costs of imprisonment, probation, and alcohol treatment under this section does so;
(C)the person may not frequent an establishment where alcoholic beverages are served;
(D)the person may not consume alcoholic beverages;
(E)the person may not operate a motor vehicle unless authorized by the person’s probation officer;
(F)the person enter in and remain in an aftercare treatment program for the entirety of the probationary period;
(G)the person submit to random or routine drug and alcohol testing; and
(H)if the person is permitted to operate a motor vehicle, the vehicle be equipped with an ignition interlock system; and
(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:
(A)payment of a fine as provided in 46-18-231;
(B)payment of costs as provided in 46-18-232 and 46-18-233;
(C)payment of costs of assigned counsel as provided in 46-8-113;
(D)community service;
(E)any other reasonable restrictions or conditions considered necessary for rehabilitation or for the protection of society; or
(F)any combination of the restrictions or conditions listed in subsections (1)(b)(v)(A) through (1)(b)(v)(E).
(2)A person convicted of a violation of driving under the influence, including 61-8-1002(1)(a), (1)(b), (1)(c), or (1)(d), 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), or (1)(d), 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.
(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.
(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.
(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.
(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.