# Mont. Code Ann. § 61-8-1010: 61-8-1010 Driving under influence -- ignition interlock device -- 24/7 sobriety and drug monitoring program > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T61_C8_P10_S61-8-1010 ## Section - **Citation:** Mont. Code Ann. § 61-8-1010 - **Heading:** 61-8-1010 Driving under influence -- ignition interlock device -- 24/7 sobriety and drug monitoring program - **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 61-8-1010 ## Text 61-8-1010 . Driving under influence -- ignition interlock device -- 24/7 sobriety and drug monitoring program. (1) For a person convicted of a first offense of driving under the influence, including 61-8-1002 , an offense that meets the definition of aggravated driving under the influence in 61-8-1001 , or a similar offense under the laws of another state, in addition to the punishments listed in 61-8-1007 , the court may, regardless of disposition and if a probationary license is recommended by the court, require the person to comply with the conditions listed in subsection (2)(a) or (2)(b). (2) On a second or subsequent conviction for a violation of driving under the influence, including 61-8-1002 , an offense that meets the definition of aggravated driving under the influence in 61-8-1001 , or a similar offense under the laws of another state, or a second or subsequent conviction under 61-5-212 when the reason for the suspension or revocation was that the person was convicted of a violation of driving under the influence, including 61-8-1002 , 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, or the suspension was under 61-8-1016 or a similar law of another state for refusal to take a test for alcohol or drugs requested by a peace officer who believed that the person might be driving under the influence, in addition to the punishments listed in 61-8-1002 and 61-8-1007 , the court shall: (a) require the person to participate in the 24/7 sobriety and drug monitoring program provided for in 44-4-1203 or require the person to participate in a court-approved alcohol or drug detection testing program and to pay the fees associated with the program; (b) if recommending that a probationary license be issued to the person, restrict the person to driving only a motor vehicle equipped with a functioning ignition interlock device during the probationary period and require the person to pay the reasonable cost of leasing, installing, and maintaining the device; or (c) order that each motor vehicle owned by the person at the time of the offense be seized and subjected to the forfeiture procedure provided under 61-8-1033 . A vehicle used by a person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture unless it appears that the owner or other person in charge of the vehicle consented to or was privy to the violation. A vehicle may not be forfeited under this section for any act or omission established by the owner to have been committed or omitted by a person other than the owner while the vehicle was unlawfully in the possession of a person other than the owner in violation of the criminal laws of this state or the United States. Forfeiture of a vehicle encumbered by a security interest is subject to the secured person's interest if the person did not know and could not have reasonably known of the unlawful possession, use, or other act on which the forfeiture is sought. (3) All court-approved alcohol or drug detection testing programs allowed under this section are required to use the state's data management system pursuant to 44-4-1203 . ## 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_S61-8-1010. Check the current official text before relying on it. Not legal advice.