Is aggravated dui a felony in Montana?

Is Aggravated DUI a Felony in Montana?

In the state of Montana, drunk driving is taken very seriously. The penalties for drunk driving can be severe, especially if you have had previous DUI convictions or have been involved in an accident while driving under the influence. In this article, we will explore the issue of aggravated DUI and answer the question: Is aggravated DUI a felony in Montana?

What is Aggravated DUI in Montana?

In Montana, aggravated DUI is also known as Felony DUI. It occurs when a person is driving under the influence of drugs or alcohol and causes severe injury or death to another person. Aggravating factors that can increase the severity of the DUI charge include:

• Reckless endangerment or causing serious bodily harm
• Causing an accident resulting in death or severe injury
• Having two or more prior DUI convictions
• Driving with a suspended or revoked license

Is Aggravated DUI a Felony in Montana?

YES, aggravated DUI is considered a felony in Montana. Under Montana Code Annotated (MCA) section 45-5-212, a person commits felony DUI if they have caused serious bodily harm to another person while driving under the influence.

Punishments for Aggravated DUI in Montana

The punishments for aggravated DUI in Montana are severe and can include:

• Up to 10 years in prison: Depending on the circumstances of the offense, a person convicted of aggravated DUI can be sentenced to up to 10 years in prison.
• Fines of up to $50,000: The court may also impose fines of up to $50,000 as part of the sentence.
• Suspension of driver’s license: A person convicted of aggravated DUI will have their driver’s license suspended for at least 5 years.

Consequences of Aggravated DUI in Montana

In addition to the legal penalties, a person convicted of aggravated DUI can face significant consequences, including:

• Loss of employment: A felony DUI conviction can result in job loss, as many employers are hesitant to hire people with a felony record.
• Financial burdens: The fines and penalties associated with an aggravated DUI conviction can be financially devastating, especially for those who do not have the means to pay.
• Permanent record: A felony DUI conviction will remain on your criminal record forever, unless you are able to petition the court for expungement.

Defending Against Aggravated DUI Charges in Montana

While the penalties for aggravated DUI are severe, it is not impossible to defend against these charges. Some potential defenses include:

• Lack of evidence: If the prosecution’s case relies on unreliable or outdated evidence, it may be possible to challenge the admissibility of that evidence.
• Police error: If the police officers involved in the arrest failed to follow proper procedure, it may be possible to argue that the arrest and subsequent charges were unlawful.
• Alternative explanations for the accident: If an accident occurred while the driver was under the influence of drugs or alcohol, but there were other factors contributing to the accident, it may be possible to argue that the driver was not entirely at fault.

Conclusion

In conclusion, aggravated DUI is a serious crime in Montana that carries severe penalties. If you have been charged with an aggravated DUI, it is essential to consult with a qualified criminal defense attorney as soon as possible. While the penalties for aggravated DUI are severe, there may be ways to defend against the charges and mitigate the consequences.

Table of Aggravated DUI Laws in Montana

In summary, aggravated DUI is a felony in Montana and carries severe penalties, including imprisonment, fines, and license suspension. If you have been charged with an aggravated DUI, it is crucial to consult with a qualified criminal defense attorney to understand your rights and options for defense.