# Mont. Code Ann. § 61-8-1007: 61-8-1007 Penalty for driving under influence -- first through third offenses > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1007 ## Section - **Citation:** Mont. Code Ann. § 61-8-1007 - **Heading:** 61-8-1007 Penalty for driving under influence -- first through third offenses - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 61 / Chapter 8 / Part 10 / Section 61-8-1007 ## Text 61-8-1007 . Penalty for driving under influence -- first through third offenses. (1) (a) Except as provided in subsection (1)(b) or (1)(c), a person convicted of a violation of 61-8-1002 (1)(a) shall be punished as follows: (i) for a first violation, by imprisonment for not less than 24 consecutive hours or more than 6 months and by a fine of not less than $600 or more than $1,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 48 consecutive hours or more than 1 year and by a fine of not less than $1,200 or more than $2,000; (ii) for a second violation, by imprisonment for not less than 7 days or more than 1 year and by a fine of not less than $1,200 or more than $2,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 14 days or more than 1 year and a fine of not less than $2,400 or more than $4,000; or (iii) for a third violation, by imprisonment for not less than 30 days or more than 1 year and by a fine of not less than $2,500 or more than $5,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 60 days or more than 1 year and by a fine of not less than $5,000 or more than $10,000. (b) If the person has a prior conviction under 45-5-106 or 45-5-107 , the person shall be punished as provided in 61-8-1008 . (c) If the person has a prior conviction or pending charge for a violation of driving under the influence, including 61-8-1002 (1)(a), (1)(b), (1)(c), or (1)(d), or a similar offense under previous laws of this state or the laws of another state that meets the definition of aggravated driving under the influence in 61-8-1001 , the person shall be punished as provided in subsection (4). (d) The mandatory minimum imprisonment term may not be served under home arrest and may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being. (e) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program pursuant to 61-8-1009 . During any suspended portion of sentence imposed by the court: (i) the person is subject to all conditions of the suspended sentence imposed by the court, including mandatory participation in drug or DUI courts, if available; (ii) the person is subject to all conditions of the 24/7 sobriety and drug monitoring program, if available and if imposed by the court; and (iii) if the person violates any condition of the suspended sentence or any treatment requirement, the court may impose the remainder of any imprisonment term that was imposed and suspended. (2) (a) Except as provided in subsection (2)(b) or (2)(c), a person convicted of a violation of 61-8-1002 (1)(b), (1)(c), (1)(d), or (1)(f) shall be punished as follows: able and if imposed by the court; and (iii) if the person violates any condition of the suspended sentence or any treatment requirement, the court may impose the remainder of any imprisonment term that was imposed and suspended. (2) (a) Except as provided in subsection (2)(b) or (2)(c), a person convicted of a violation of 61-8-1002 (1)(b), (1)(c), (1)(d), or (1)(f) shall be punished as follows: (i) for a first violation, by imprisonment for not more than 6 months and by a fine of not less than $600 or more than $1,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not more than 6 months and by a fine of not less than $1,200 or more than $2,000; (ii) for a second violation, by imprisonment for not less than 5 days or more than 1 year and by a fine of not less than $1,200 or more than $2,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 10 days or more than 1 year and by a fine of not less than $2,400 or more than $4,000; or (iii) for a third violation, by imprisonment for not less than 30 days or more than 1 year and by a fine of not less than $2,500 or more than $5,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 60 days or more than 1 year and by a fine of not less than $5,000 or more than $10,000. (b) If the person has a prior conviction under 45-5-106 or 45-5-107 , the person shall be punished as provided in 61-8-1008 . (c) If the person has a prior conviction or pending charge for a violation of driving under the influence, including 61-8-1002 (1)(a), (1)(b), (1)(c), or (1)(d), or a similar offense under previous laws of this state or the laws of another state that meets the definition of aggravated driving under the influence in 61-8-1001 , the person shall be punished as provided in subsection (4). (d) The mandatory minimum imprisonment term may not be served under home arrest and may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being. (e) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program pursuant to 61-8-1009 . During any suspended portion of sentence imposed by the court: (i) the person is subject to all conditions of the suspended sentence imposed by the court, including mandatory participation in drug or DUI courts, if available; (ii) the person is subject to all conditions of the 24/7 sobriety and drug monitoring program, if available and if imposed by the court; and (iii) if the person violates any condition of the suspended sentence or any treatment requirement, the court may impose the remainder of any imprisonment term that was imposed and suspended. (3) (a) A person convicted of a violation of 61-8-1002 (1)(e) shall be punished as follows: t to all conditions of the 24/7 sobriety and drug monitoring program, if available and if imposed by the court; and (iii) if the person violates any condition of the suspended sentence or any treatment requirement, the court may impose the remainder of any imprisonment term that was imposed and suspended. (3) (a) A person convicted of a violation of 61-8-1002 (1)(e) shall be punished as follows: (i) Upon a first conviction under this section, a person shall be punished by a fine of not less than $100 or more than $500. (ii) Upon a second conviction under this section, a person shall be punished by a fine of not less than $200 or more than $500 and, if the person is 18 years of age or older, by incarceration for not more than 10 days. (iii) Upon a third or subsequent conviction under this section, a person shall be punished by a fine of not less than $300 or more than $500 and, if the person is 18 years of age or older, by incarceration for not less than 24 consecutive hours or more than 60 days. (iv) In addition to the punishment provided in this section, regardless of disposition: (A) the person shall comply with the chemical dependency education course and chemical dependency treatment provisions in 61-8-1009 as ordered by the court; and (B) the department shall suspend the person's driver's license for 90 days upon the first conviction, 6 months upon the second conviction, and 1 year upon the third or subsequent conviction. A restricted or probationary driver's license may not be issued during the suspension period until the person has paid a license reinstatement fee in accordance with 61-2-107 and, if the person was under the age of 18 at the time of the offense, has completed at least 30 days of the suspension period. (b) A conviction under this section may not be counted as a prior offense or conviction under 61-8-1007 , 61-8-1008 , and 61-8-1011 . (4) (a) A person convicted of a violation under 61-8-1002 charged as aggravated driving under the influence, as defined in 61-8-1001 , shall be punished as follows: (i) for a first violation, by imprisonment for not less than 2 days or more than 1 year and by a fine of $1,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 4 consecutive days or more than 1 year and by a fine of $2,000; (ii) for a second violation, by imprisonment for not less than 15 days or more than 1 year and by a fine of $2,500, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 45 days or more than 1 year and by a fine of $5,000; or (iii) for a third violation, by imprisonment for not less than 40 consecutive days or more than 1 year and by a fine of $5,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 90 consecutive days or more than 1 year and by a fine of $10,000. (b) The mandatory minimum imprisonment term may not be served under home arrest and may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being. (c) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program pursuant to 61-8-1009 . During any suspended portion of sentence imposed by the court: less the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being. (c) The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program pursuant to 61-8-1009 . During any suspended portion of sentence imposed by the court: (i) the person is subject to all conditions of the suspended sentence imposed by the court, including mandatory participation in drug or DUI courts, if available; (ii) the person is subject to all conditions of the 24/7 sobriety and drug monitoring program, if available and if imposed by the court; and (iii) if the person violates any condition of the suspended sentence or any treatment requirement, the court may impose the remainder of any imprisonment term that was imposed and suspended. (d) If the person has a prior conviction under 45-5-106 or 45-5-107 , the person shall be punished as provided in 61-8-1008 . (5) In addition to the punishment provided in this section, regardless of disposition, the person shall comply with the chemical dependency education course and chemical dependency treatment provisions in 61-8-1009 as ordered by the court. (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. ## Nearby sections - [Mont. Code Ann. § 61-8-1001 61-8-1001 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1001.md) - [Mont. Code Ann. § 61-8-1002 61-8-1002 Driving under influence](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1002.md) - [Mont. Code Ann. § 61-8-1007 61-8-1007 Penalty for driving under influence -- first through third offenses](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1007.md) - [Mont. Code Ann. § 61-8-1008 61-8-1008 Penalty for driving under influence -- fourth and subsequent offenses](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1008.md) - [Mont. Code Ann. § 61-8-1009 61-8-1009 Driving under influence -- assessment, education, and treatment required](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1009.md) - [Mont. Code Ann. § 61-8-1010 61-8-1010 Driving under influence -- ignition interlock device -- 24/7 sobriety and drug monitoring program](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1010.md) - [Mont. Code Ann. § 61-8-1011 61-8-1011 Driving under influence -- conviction defined -- place of imprisonment -- home arrest -- exceptions -- deferral of sentence not allowed](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1011.md) - [Mont. Code Ann. § 61-8-1016 61-8-1016 Implied consent -- tests for alcohol or drugs -- refusal to submit -- administrative suspension of license](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1016.md) - [Mont. Code Ann. § 61-8-1017 61-8-1017 Right of appeal to court](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1017.md) - [Mont. Code Ann. § 61-8-1018 61-8-1018 Evidence admissible -- conditions of admissibility](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1018.md) - [Mont. Code Ann. § 61-8-1019 61-8-1019 Administration of tests](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1019.md) - [Mont. Code Ann. § 61-8-1024 61-8-1024 Ignition interlock device -- assisting in starting and operating -- circumventing -- penalty](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1024.md) - [Mont. Code Ann. § 61-8-1025 61-8-1025 Department rules regarding ignition interlock devices -- ignition interlock device provider requirements](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1025.md) - [Mont. Code Ann. § 61-8-1026 61-8-1026 Unlawful possession of open alcoholic beverage container in motor vehicle on highway](https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1026.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1007. Check the current official text before relying on it. Not legal advice.