06/11/2026
Myth: If your breath test came back at 0.16 or higher, an aggravated DUI conviction in Missoula is basically a done deal.
Fact: Montana law does treat a BAC of 0.16 or more as a trigger for aggravated DUI under MCA § 61-8-1001, along with things like a prior DUI-related license suspension or refusing a test after a previous implied consent suspension. A first aggravated conviction can mean a $1,000 fine and 48 hours to a year in jail, and a fourth or later offense becomes a felony with 13 months to 5 years and fines up to $10,000.
Montana applies absolute liability, so the state does not have to prove what you were thinking, only the facts.
Call Tipp Coburn Lockwood P.C. at 406-506-0575 for a confidential case evaluation.