Montana Since May 2009, judges have the option to order interlocks for first-time offenders and must order these devices for all repeat offenders. From 2006 to 2020 in Montana, interlocks stopped 7,054 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 828 attempts to drive drunk in 2020.
Grade: F (0/100) Montana utilizes ignition interlocks for repeat offenders but fails to require these devices for all drunk drivers. The state has a long way to go to ensure more drunk drivers utilize these lifesaving devices.
Why does MADD not call the law all-offender? Judges are not required to order an interlock for first-time offenders.
Process to obtain an ignition interlock 1. The person contacts the Records and Driver Control Bureau to satisfy court obligations. 2. Schedule an appointment to have an interlock device installed. 3. Pay a $100 reinstatement fee to the Records and Driver Control Bureau. 4. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations
Duration on ignition interlock
How soon can an ignition interlock be installed?
Legislative Recommendation Require interlocks for all first-time drunk drivers. Eliminate waiting time for repeat offenders to install an interlock. Allow for the use of interlocks for any refusal
Upon conviction
6 months
First offense
45 days after conviction
1 year
Second offense
Interlocks not available for first-time refusals
First refusal
Can a drunk driver wait out an interlock order?
Yes
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal?
No
Add a compliance based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program).
Legislative Recommendation
Day-for-Day credit for early installation?
No
Legislative Recommendation
Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction.
Interlocks required for plea agreements or diversion?
No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
No
Affordability program?
Legislative Recommendation Create an affordability program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non-indigent interlock users. Sources: §61-5-208(2), §61-8-731(3)(h), §61-5-208(3), §61-8-442, Montana Department of Justice.
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