Getting a DUI charge generally hinges on the driver’s blood alcohol concentration (BAC) level. However, the legal BAC limit isn’t the same for everyone. States set a general BAC limit for drivers, but different rules can apply to specific groups. Some drivers face stricter limits as well as harsher penalties. Understanding different legal limits can help you stay safe on the road and avoid DUI charges.
Standard BAC threshold for drivers
In Montana, the standard or “per se” BAC limit for all adult drivers over 21 is 0.08%, the same with most states. If a police officer stops you on the road and your breathalyzer test result is at or above this level, you’re legally considered drunk. Regardless of whether you were driving badly or not, you can get arrested and charged with DUI.
Stricter limits for commercial drivers
Commercial drivers are typically responsible for larger vehicles and potentially hazardous cargo. As such, the law holds them to a higher standard than regular drivers. If you are a commercial driver, you can face DUI charges with a BAC level of 0.04%.
Zero tolerance for underage drivers
The Big Sky Country enforces a zero tolerance drunk driver policy for anyone below the age of 21. Underage drivers can face DUI charges even with BAC levels as low as 0.02%. Essentially, minors can get a DUI charge simply for drinking any amount of alcohol and driving – they don’t even have to be legally drunk.
Enhanced penalties for extreme BAC levels
Higher BAC levels mean greater risks of accidents and fatalities. All drivers whose BAC levels are double the standard limit or reach 0.16% and higher face an aggravated DUI charge. Even for first-time offenders, an aggravated charge carries heavier penalties, including:
- Installing an ignition interlock device
- At least $1,000 in fines
- Jail time of at least two days
- Enrollment in a 24/7 sobriety monitoring program
Know your limit and avoid DUI charges
Tailoring limits to different driver categories allows the state to prevent more alcohol-related accidents. On the other hand, different limits can make navigating DUI charges in Montana more challenging. If you face DUI charges, consulting an experienced attorney can help you understand your options and build a strong defense to reach the best possible outcome for your situation.
