Several years ago, the Montana Legislature created a new type of DUI, that the new crime is separate from a standard DUI, and it is called Aggravated DUI.  Understanding a regular DUI is helpful for understanding the difference between these two. As first offenses, both DUI and Aggravated DUI are misdemeanor crimes.

A “regular” DUI actually has three (3) different subsections or kinds of DUI. There is a DUI that is alcohol intoxication only, there is a DUI that is drug or non alcohol only, and there is a third that is a combination of alcohol and drugs.  These “regular” DUIs define the crime as driving while under the influence or intoxication of drugs or alcohol. This type of DUI is not necessarily dictated by a specific drug or alcohol amount, only general intoxication.

An Aggravated DUI is a different offense that is not defined necessarily only by intoxication. Intoxication continues to be an element of the offense, but an additional element that the government must prove is an actual level of blood alcohol content. As currently written, Aggravated DUI is defined as a person having a blood alcohol concentration of 0.16 or more.  Essentially, this version of DUI is “aggravated” because of the significant and high blood alcohol content.  With this additional element of proof comes additional consequences from an aggravated DUI conviction.

Penalties for a regular 1st-offense DUI include at least 24 hours of jail, up to 6 months in jail, a fine, and a license suspension for up to 6 months.

Penalties for an Aggravated DUI 1^st offense are at least 48 hours of jail and up to 1 year in jail and potentially a longer license suspension.

Obtaining a premier DUI defense attorney in Montana is a key aspect in ensuring your rights are protected and ensuring the government correctly does or does not establish all elements of these offenses which can lead to beneficial results for the accused. 

Because these charges carry serious and long-lasting consequences, working with experienced Montana DUI lawyers is critical. Skilled legal counsel can carefully examine whether law enforcement properly conducted testing, whether the government can establish every required legal element, and whether constitutional rights were protected throughout the investigation. Obtaining representation from knowledgeable Montana DUI lawyers can make a significant difference in protecting your record, your license, and your future.