DUI Defense

Montana's 24/7 Sobriety Program

Twice-daily testing can be a bail condition, part of a sentence, or a route back to driving. Here is how the program works and when a court can require it.

Written by

Misty Gaubatz, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawReviewed by Ashley HurlbertLast reviewed: September 27, 2026

Few conditions change daily life after a DUI arrest as much as 24/7 testing. Showing up for a breath test twice a day affects work schedules, childcare, and travel. It can also be the fastest route back to legal driving. I explain the program to clients early, because the decisions made at the first appearance and at sentencing can shape how it applies. This page covers what Montana's 24/7 statutes say about who can be ordered in, how testing works, and what participation can do for you. For an overview of the whole DUI process, see our Missoula DUI defense page.

What the 24/7 Program Is

The formal name is the Montana 24/7 Sobriety and Drug Monitoring Program Act (MCA § 44-4-1201). It is a statewide program within the Department of Justice, administered by the attorney general (MCA § 44-4-1203(1)). Courts and agencies can use it as a condition of bond, sentence, probation, parole, or a work permit for a person charged with or convicted of a crime in which alcohol or drug abuse was a contributing factor, including but not limited to a second or later DUI (MCA § 44-4-1202(3)(f)).

County participation is optional under MCA § 44-4-1203(4). Where testing is available, and at what times, is something I confirm for each client rather than assume.

Who a Court Can Order Into 24/7

A common misunderstanding is that 24/7 applies to every DUI. It does not. Under MCA § 44-4-1205(4), a court may compel participation if the person:

is charged with aggravated DUI, or
is charged with or convicted of DUI and, at any time in the 10 years before the current charge or conviction, has a DUI conviction (in Montana, another state, or tribal court) or an unvacated forfeiture.

A first-offense, non-aggravated DUI does not meet either test. The program can still come up on a first offense in a different way: if the court recommends a probationary license, it may require 24/7 or an ignition interlock as a condition (MCA § 61-8-1010(1)).

How 24/7 Is Used Before Trial and at Sentencing

The table below shows the main points in a DUI case where 24/7 can appear, and the statute behind each.

Stage	How 24/7 applies	When / source
Before trial	Condition of bond or pretrial release	Aggravated DUI, or a second or later violation (MCA § 44-4-1205(2)(a))
First-offense sentence	Optional condition if the court recommends a probationary license	MCA § 61-8-1010(1)
Second or later sentence	One of three sanctions the court must choose from	MCA § 61-8-1010(2)(a)
Suspended jail time	Possible condition while part of a sentence is suspended	MCA § 61-8-1007(1)(e)
Probation, parole, work permit	Condition set by a court or agency	MCA § 44-4-1202(3)(f)

Before trial, the court may condition any bond or pretrial release on 24/7 for an aggravated DUI or a second or later violation (MCA § 44-4-1205(2)(a)). At sentencing on a second or later conviction, the court must choose one of three sanctions: 24/7 or a court-approved testing program, an interlock during the probationary period, or forfeiture of vehicles owned at the time of the offense (MCA § 61-8-1010(2)). And where part of a jail sentence is suspended pending treatment, the court can require 24/7 if available and if imposed (MCA § 61-8-1007(1)(e)).

How Twice-Daily Testing Works

The statute names twice-a-day, in-person breath testing at a central location as a primary method for alcohol, using devices that detect alcohol below 0.010 (MCA § 44-4-1203(2)). Each participating county must have at least one testing location and two daily testing times approximately 12 hours apart (MCA § 44-4-1203(5)(b)). In practice that means a morning test and an evening test, every day, for as long as the order runs.

Testing is not limited to breath. The program may use urine, saliva, a drug patch, or continuous transdermal monitoring (MCA § 44-4-1202(3)(g)), which matters in drug-related cases such as a THC DUI.

Alternatives for Hardship

Not everyone can get to a testing site twice a day. The statute lists hardship alternatives, including transdermal monitoring devices and remote breath testing devices (MCA § 44-4-1203(2)). Whether an alternative is approved depends on the court or agency and your situation: shift work, a long commute, a rural address, or a medical issue. When a hardship is real, I think it is better to raise it early with documentation than after a missed test.

What the Program Costs

The statute directs the attorney general to set reasonable participation and testing fees (MCA § 44-4-1204(2)). Under the program's administrative rules, a participant may be charged an enrollment fee of up to $30 each time they enroll, and testing fees may not exceed the amount in the vendor agreement. Because testing charges are set that way and can change, I do not quote a per-test price here. The testing site can confirm current amounts.

What Compliance Can Do for You

24/7 is a condition, but it also carries benefits the statute spells out:

Stayed sanctions. A court may stay any sanctions it imposed while the person is in compliance (MCA § 44-4-1205(1)(a)).
A probationary license. Participation allows a probationary license notwithstanding the requirement in § 61-5-208 to serve a certain portion of the suspension first (MCA § 44-4-1205(1)(b)). Our license suspension and hearings page explains those waiting periods.
A record of sobriety. Months of clean tests can be useful context when a court is deciding on sentencing, treatment, or bond changes, depending on the facts.

The stay of sanctions in the statute is tied to being in compliance, so a missed or positive test puts that benefit at risk. If a result looks wrong, or a missed test had a legitimate reason, it is worth raising promptly with your lawyer.

Talking Through a 24/7 Order

Whether 24/7 is required, whether an alternative fits better, and how it interacts with your license are questions I work through with each client. I am a member of the Montana Association of Criminal Defense Lawyers, and my goal is that you understand the conditions before you agree to them. For repeat-offense cases where 24/7 is most common, see our second and third DUI page.

This page explains Montana law in general under the 2025 Montana Code and is not advice on a specific case.

DUI Defense THC / Marijuana DUI Field Sobriety Tests Under-21 DUI CDL / Commercial Driver DUI

FAQ

Montana's 24/7 Sobriety Program FAQ

Can a judge put me on 24/7 for a first DUI?

A court can compel participation under MCA § 44-4-1205(4) only if you are charged with aggravated DUI, or if you have a DUI conviction or unvacated forfeiture in the 10 years before the current charge or conviction. A first-offense, non-aggravated DUI does not meet that test. Separately, on a first offense a court that recommends a probationary license may require 24/7 or an interlock as a condition of it (MCA § 61-8-1010(1)). See our first-offense DUI page.

How often do I have to test on 24/7?

The statute names twice-a-day, in-person breath testing at a central location as a primary method for alcohol (MCA § 44-4-1203(2)). Each participating county must have at least one testing location and two daily testing times approximately 12 hours apart (MCA § 44-4-1203(5)(b)). Testing may also include urine, saliva, a drug patch, or continuous transdermal monitoring (MCA § 44-4-1202(3)(g)).

How much does the 24/7 program cost?

The statute directs the attorney general to set reasonable participation and testing fees (MCA § 44-4-1204(2)). The program's administrative rules have allowed an enrollment fee of up to $30 each time a participant enrolls, and say testing fees may not exceed the amount in the vendor agreement. Per-test charges can vary, so confirm the current amount with the testing site.

Can 24/7 help me get a work permit?

It can. Under MCA § 44-4-1205(1)(b), participation allows a probationary license notwithstanding the portion of a suspension that § 61-5-208 would otherwise require you to serve first. See our license suspension and hearings page.

What if I cannot get to a testing site twice a day?

The statute lists hardship alternatives, including transdermal monitoring devices and remote breath testing devices (MCA § 44-4-1203(2)). Whether one is approved depends on the court or agency and the circumstances. Raising a hardship early, with documentation, usually works better than raising it after a missed test.

Is 24/7 required on a second DUI?

On a second or later DUI conviction, the court must order one of three things: the 24/7 program or a court-approved testing program, an ignition interlock during the probationary period, or forfeiture of vehicles owned at the time of the offense (MCA § 61-8-1010(2)). See our second and third DUI page.

Facing a 24/7 Condition?

We can explain what a court can require and what alternatives exist. Call 406-830-3060 for a consultation.

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