The growing alcohol addiction problem in Montana has created a dire need for more quality alcohol rehab programs to be located in and around the state. Most people that live in Montana cannot successfully overcome alcoholism without the benefit of a professional alcohol rehab. Just sorting out the descriptions of the various kinds of alcohol rehab options such as residential, inpatient, outpatient, short term or holistic, can be confusing if an individual from Montana is not familiar with the meaning of these terms. In order for alcohol rehabilitation to be effective, a Montana alcohol rehab program must include all of the various treatment components that are necessary to address every aspect of the alcohol addiction.

When an individual from Montana chooses outpatient alcohol rehab, it generally requires that they will receive alcohol treatment on various days at specific times and be able to return home every day following treatment. Very few individuals from Montana that have struggled with a serious alcohol addiction can experience successful long term recovery with such a minimum level of care. Long term alcohol rehab is generally administered in a highly structured environment and the individual from Montana will reside at the alcohol rehab center; this type of intense alcohol rehabilitation is much more conducive to successful long term sobriety.

Many times, the first step in a Montana alcohol rehab program is the detoxification process; the goal of the alcohol detox is to safely manage and minimize the physical symptoms that can occur when a person suddenly quits drinking. After detox, an individual from Montana can then begin to focus on the various other components of the alcohol rehab program; these elements of alcohol treatment often include counseling, group classes, behavior modification techniques, and drug relapse prevention education.

Montana alcohol related information and statistics are provided by the US Dept. of Transportation, National Highway Traffic Safety Administration and the National Conference of State Legislatures, 2004. In Montana, the number of drunk driving deaths peaked in 1983, with 184. The percentage of total highway fatalities that were alcohol related peaked in 1985 with 69%. Since then, Montana has had an overall decline in both figures, with the lowest numbers reported in 1996. In 2008, out of all traffic fatalities, 40% involved a blood alcohol concentration (BAC) of 0.08 or higher.

The table below shows the total number of traffic fatalities (Tot) for the Montana, alcohol related fatalities (Alc-Rel) and fatalities in crashes where the highest BAC in the crash was 0.08 or above (0.08+). All 50 states in the US now apply two statutory offenses to operating a motor vehicle while under the influence of alcohol. The first (and original) offense is known either as driving under the influence (DUI), driving while intoxicated/impaired (DWI), or operating while intoxicated/impaired (OWI). This is based upon a Montanapolice officer's observations (driving behavior, slurred speech, the results of a roadside sobriety test, etc.) The second offense is called "illegal per se", which is driving with a BAC of 0.08% or higher. Since 2002 it has been illegal in all 50 states to drive with a BAC that is 0.08% or higher.

It is important to note that the Montana drunk driving statistics, as shown below, include data from individuals in Montana who were in an alcohol-related crash, but not driving a motor vehicle at the time. The U.S. Department of Transportation defines alcohol-related deaths as "fatalities that occur in crashes where at least one driver or non-occupant (pedestrian or bicyclist) involved in the crash has a positive Blood Alcohol Concentration (BAC) value." The fatality rates shown below refer to the number of people killed in all traffic accidents and, separately, in alcohol related traffic accidents, per 100 million vehicle miles traveled.

Sources: Centers for Disease Control and Prevention (CDC) 2003-2004, Office of Applied Studies 2003-2004 and the MADD Official Website statistics 2004

When is a driver considered to be legally drunk in Montana?

• Non-commercial drivers age 21+ in Montana are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles in Montana are legally drunk when their blood alcohol level is .04 percent or greater. In Montana, school bus drivers are commercial drivers.
• Drivers under 21 in Montana are legally drunk when their blood alcohol level is .02 or more.

Penalties for Drunk Driving in Montana

• A first-time offender in Montana faces a prison term of up to six months and a fine between $300 and $1,000. The driver's license revocation period is six months. If, however, a passenger under 16 was in the vehicle at the time of the offense, the offender is subject to up to 12 months in prison, and the fine is between $600 and $2,000.
• A second-time offender in Montana faces a prison term of up to six months and a fine between $600 and $1,000. The driver's license revocation period is one year. If, however, a passenger under 16 was in the vehicle at the time of the offense, the offender is subject to up to 12 months in prison, and the fine is between $1,200 and $2,000.
• A person in Montana who is convicted of DUI for a third time faces up to one year in prison and a fine of $1,000 to $5,000. The driver's license revocation period is one year. If, however, a passenger under 16 was in the vehicle at the time of the offense, the fine is between $2,000 and $10,000.
• A person in Montana convicted of a fourth or subsequent DUI will receive 13 months in a correctional facility or 13 months in a residential alcohol treatment program operated or approved by Montana's Department of Corrections. These offenders will also be sentenced to a five-year suspended sentence. The fine is between $1,000 and $10,000. The driver's license revocation period is one year.

Additional Penalties in Montana for Driving with Excessive BAC of .08 or Greater

• For a first offense under this statute, the Montana offender faces a maximum of 10 additional days in prison and an additional fine of $300 to $1,000. If, however, a passenger under 16 was in the vehicle at the time of the offense, the additional prison term is up to 20 days, and the additional fine is $600 to $2,000.
• For a second offense under this statute, the Montana offender faces a maximum of 30 additional days in prison and an additional fine of $600 to $1,000. If, however, a passenger under 16 was in the vehicle at the time of the offense, the additional prison term is up to 60 days, and the additional fine is $1,200 to $2,000.
• For a third conviction under this statute, the Montana offender faces an additional maximum of six months in prison and an additional fine of $1,000 to $5,000. If, however, a passenger under 16 was in the vehicle at the time of the offense, the additional prison term is 12 months, and the additional fine is $2,000 to $10,000.

Ignition Interlock

If a judge recommends a probationary license, a first-time DUI offender in Montana may be restricted to driving only a vehicle equipped with an ignition interlock device. Anyone convicted of a second or subsequent DUI in Montana will be restricted to driving only a vehicle equipped with an ignition interlock device for one year after expiration of the driver's license revocation period. If the offender fails to equip his or her vehicle with an ignition interlock device, the vehicle will be seized and subject to forfeiture.

Commercial Drivers

In addition to other penalties associated with Montana's DUI laws, a commercial driver who is convicted of DUI while operating any vehicle will have his or her commercial driver's license suspended for one year. If, however, the offender was driving a commercial vehicle and transporting hazardous materials at the time, the suspension period is three years. If a commercial driver in Montana commits a second DUI while driving any vehicle, the offender's commercial driver's license will be suspended for life, which may or may not be reduced to a period of 10 years.

Drivers Under 21 with a BAC of .02 or More

• A driver under 21 who commits a first DUI in Montana with a BAC of .02 or more is subject to a fine of $100 to $500. The driver's license suspension period is 90 days. The offender is also required to take a chemical dependency education course.
• A driver under 21 who commits a second DUI in Montana with a BAC of .02 or more is subject to a fine of $200 to $500 and incarceration for up to 10 days. The incarceration period, however, does not apply to offenders under 18. The driver's license suspension period is six months. The offender is also required to take a chemical dependency education course.
• A driver under 21 who commits a third or subsequent DUI in Montana with a BAC of .02 or more is subject to a fine of $300 to $500 and incarceration for up to 60 days. The incarceration period, however, does not apply to offenders under 18. The driver's license suspension period is one year. The offender is also required to take a chemical dependency education course.

DUI Offenses in Montana Committed by Persons Under 18

A person under 18 who commits a DUI in Montana is subject to a fine that cannot exceed that which could be imposed if the offender was an adult; revocation or suspension of the minor's driver's license as ordered by the court; and/or impoundment of the vehicle being driven at the time of the offense for up to 60 days, if the minor owns or uses that vehicle.

What is Montana's Dram Shop Act?

Under Montana law, a Montana drinking establishment can be held liable for injuries caused as a result of serving alcohol to a minor or a visibly intoxicated person. Under this statute, the injured person must provide notice of intent to file the action to the person who furnished the alcohol by certified mail within 180 days from the date of sale or service. The civil action must be commenced within two years after the date of the sale or service. Total liability for noneconomic damages such as pain and suffering may not exceed $250,000. The total liability for punitive damages may not exceed $250,000.

What is Montana's Unlawful Transactions with Children Statute?

Under this statute, it is a crime in Montana for a person to sell or furnish alcohol to a person under 21. First-time offenders face a maximum county jail term of six months, a maximum fine of $500, or both. Second-time offenders in Montana face a maximum county jail term of six months, a maximum fine of $1,000, or both.