Legal Question in DUI Law in Montana

Driving a Motor Vehicle with a BAC of .02 or more

I got a Driving a Motor Vehicle with a BAC of .02 of more and i was wondering if this was the same as a DUI or different and how it affects my record? I did not blow when it occured so i got my lisence suspended what are my best options?


Asked on 10/23/06, 12:40 am

1 Answer from Attorneys

Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Driving a Motor Vehicle with a BAC of .02 or more

You received this ticket, .02 or greater, because you are under 21. It is what is commonly called the junior or baby DUI. If convicted, the conviction cannot be used against you after you turn 21, that is if you don't get another one. The refusal to take the breath test is another matter. You need to talk to a competent DUI attorney in your locale who can properly advise you. The policies of the prosecutors and judges vary from place to place, but the Dept of Motor vehicles has no wiggle room. Do not delay as you must act within 30 days of the date of the refusal. Good Luck.

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Answered on 10/23/06, 10:40 am


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