Montana’s Implied Consent Law – Explained
When you drive in Montana, you automatically agree to take a chemical test—such as a breath, blood, or urine test—if law enforcement suspects DUI. This agreement is called Implied Consent, and agreeing to this consent is even part of getting a license in Montana. You actually have to sign something that says you understand this, and agree to it in order to be eligible for a Montana Driver’s License. But what does that mean?
What Happens If You Refuse Testing?
Refusing to take a chemical test after a lawful DUI arrest can lead to serious consequences, even if you’re never convicted of DUI. These penalties may include:
- Automatic driver’s license suspension (typically 6 months or longer)
- Ineligibility for a probationary license
- Increased penalties if later convicted of DUI
- Use of your refusal as evidence in court
Even if you’re never convicted, and are completely sober refusing can hurt your case, and comes with it’s own penalties
Should You Refuse?
When facing a DUI arrest, refusing a breath or blood test might seem like a smart move — especially if you believe you’d fail. After all, a test result showing 0.08% BAC or higher gives the prosecution a powerful tool, often making a conviction more likely.
Here’s What to Consider:
- Failing the test means providing strong evidence the state can use against you.
- Refusing the test, however, triggers automatic license suspension, even if you’re never convicted.
- Montana’s Implied Consent Law means your refusal can be penalized separately from your DUI charge.
So What’s the Right Call?
Refusing the test avoids giving the state direct BAC evidence, but increases your license penalties. Taking the test can lead to a conviction — and possibly jail, fines, and a lifelong record. The best decision depends on your prior record, the circumstances of your arrest, and your legal strategy.
- If you take the test and fail, you’re more likely to be convicted—but the license suspension is shorter.
- If you refuse, your license is automatically suspended for longer—and judges aren’t required to reinstate it, even if you’re found not guilty.
- Refusal may not be mentioned at trial, but it still hurts you with the DMV and may increase your penalties if convicted.
Most people overestimate their ability to “pass” a test. Even a couple of drinks can push your BAC over 0.08%—especially for smaller individuals. Unfortunately, “I thought I was fine” doesn’t hold up in court.
Before you make a decision that could affect your license, record, or freedom—talk to a DUI defense attorney.
Charged With DUI in Montana? We’re Here to Help.
A DUI conviction can impact your job, your license, and your future. But you have options—and a strong defense can make all the difference.
Contact Maldonado Law, PLLC for a free consultation today. We serve clients throughout Western and Central Montana, including Missoula, Butte, Hamilton, and surrounding areas.
