Montana Criminal Defense Laws

Prosecutions for certain felony sexual offenses, including sexual assault and sexual intercourse without consent, must be commenced within 10 years.

Grants judges sentencing authority including imprisonment, fines, restitution, suspended or deferred sentences, and community service. Judges may defer sentences up to 1 year for misdemeanors and up to 3 years for felonies.

A person convicted of misdemeanors may petition for expungement after completing all sentence requirements and maintaining a clean record for 5 years. Limited to one expungement order per lifetime but may cover multiple misdemeanor offenses. Certain offenses such as assault, DUI, and stalking are excluded from presumptive expungement.

A first DUI offense carries 24 hours to 6 months in jail and a $600 to $1,000 fine. The BAC limit is 0.08 for standard drivers and 0.04 for commercial drivers. Penalties escalate with aggravating factors such as passengers under 16 or prior offenses.

It is unlawful to operate a vehicle with a blood alcohol concentration of 0.08 or more, or while under the influence of alcohol or drugs to a degree that renders the person incapable of safely driving.

Every person charged with an offense punishable by incarceration has the right to an attorney. If the person cannot afford one, the court must appoint a public defender.