A Montana DUI sentence includes a fine set by the DUI statutes, a short list of fixed surcharges, and any costs the court orders. A judge has to consider your ability to pay, and the court can allow installments. This page covers the money a court orders at sentencing. For the wider picture, including classes, monitoring, and insurance, see what a DUI costs. This page is part of our Montana DUI Guide.
The Fine Itself
The fine range depends on the offense number and the type of DUI (MCA § 61-8-1007):
- First offense: $600 to $1,000, or $1,000 if aggravated.
- Second offense: $1,200 to $2,000, or $2,500 if aggravated.
- Third offense: $2,500 to $5,000, or $5,000 if aggravated.
- With a passenger under 16: the figures above double.
- Felony DUI: $5,000 to $10,000 (MCA § 61-8-1008).
The DUI penalties chart shows every combination with its subsection.
Surcharges Added to Every Conviction
| Surcharge | Amount | MCA |
|---|---|---|
| Charge on each misdemeanor conviction | $15 | § 46-18-236(1)(a) |
| Additional charge on each DUI charge under § 61-8-1002 | $50 | § 46-18-236(1)(c) |
| Court information technology surcharge | $10 | § 3-1-317(1)(a) |
| Surcharge in courts of limited jurisdiction | $10 | § 3-1-318(1) |
| Charge on each felony conviction, in place of the $15 | The greater of $20 or 10% of the fine | § 46-18-236(1)(b) |
These charges are not fines. They are imposed in addition to the fine (MCA § 46-18-236(3)). The $50 charge funds victim and witness advocate programs. On a felony DUI, the percentage charge means $500 to $1,000 on a $5,000 to $10,000 fine, plus the $50 and the $10 technology surcharge. The second $10 surcharge applies only in courts of limited jurisdiction, which is where misdemeanor DUIs are usually heard.
When a fine is paid in installments, the § 46-18-236 charges are collected from the first payment (§ 46-18-236(4)).
Court Costs a Judge May Add
Under MCA § 46-18-232, a court may require a convicted defendant to pay costs, including costs of jury service, costs of prosecution, and the cost of pretrial, probation, or community service supervision. Beyond ordinary taxable costs, the amount is limited to expenses specifically incurred in the case, or $50 per misdemeanor case ($100 per felony case), whichever is greater.
Other amounts that can appear on a judgment, depending on the case:
- Public defender costs, if counsel was assigned and you are able to pay (MCA § 46-8-113).
- Jail costs. An inmate the court finds able to pay is liable for the costs of confinement (MCA § 7-32-2245(1)).
- Monitoring costs. If pretrial alcohol monitoring was ordered and not paid for, the court must order reimbursement on conviction unless you cannot pay (MCA § 46-9-108(2)(b)).
- Restitution, if there was a crash. See restitution after a DUI crash.
The Court Must Consider Your Ability to Pay
Montana's general fine statute says a sentencing judge "may not sentence an offender to pay a fine unless the offender is or will be able to pay the fine and interest." In setting the amount and method of payment, the judge must take into account the nature of the crime, the offender's financial resources, and the burden that payment will impose (MCA § 46-18-231(3)). The same kind of rule applies to costs (§ 46-18-232(2)).
The surcharges have their own rules:
- The § 46-18-236 charges must be waived if the court determines the person is not able to pay the fine and costs, or cannot pay within a reasonable time (§ 46-18-236(2)).
- The $10 technology surcharge may be waived if the court determines the defendant is unable to pay (§ 3-1-317(2)).
- The $10 limited-jurisdiction surcharge may be waived only on a sworn statement showing inability to pay without substantial hardship (§ 3-1-318(2)).
Mandatory Minimum Fines After State v. Gibbons
In State v. Gibbons, 2024 MT 63, the Montana Supreme Court reversed a $5,000 fine imposed under a former felony DUI statute. It held that statute facially unconstitutional because it required a mandatory fine in every case without the trial court first considering proportionality factors such as the financial burden and the defendant's ability to pay.
Gibbons addressed the 2019 version of a statute that has since been replaced. The current DUI statutes still state minimum fines. How far the decision reaches is a legal question that depends on your case, and it is one reason to put financial information in front of the judge.
Paying Over Time
- Ask at sentencing. The court may allow payment within a period or in installments. Otherwise the fine is due immediately (MCA § 46-18-234).
- Payment can be a probation condition. When the rest of a sentence is suspended, the court may make payment a condition (MCA § 46-18-233(1)).
- Interest. If a person is out of compliance with court-ordered payments for 6 months or more, interest accrues at 3%, without compounding, and only once the judgment is placed with a private collector (MCA § 46-18-231(5)).
- Hardship. A person who is not in default may petition to have costs remitted or the method of payment changed if payment would impose manifest hardship (MCA § 46-18-232(3)).
If You Fall Behind
Two protections matter. A suspended sentence may not be revoked for nonpayment of a fine when the default is not attributable to an intentional refusal to obey the court or a failure to make a good faith effort to pay (MCA § 46-18-233(2)). And a person's license or driving privilege may not be suspended due to nonpayment of fines, costs, or restitution (MCA § 46-18-201(6)(b)).
That does not make missed payments harmless. An unexplained default can still bring you back to court. Our page on probation violationsexplains that process. Separately, getting a license back after a DUI suspension requires a $200 reinstatement fee paid to the Motor Vehicle Division (MCA § 61-2-107), which is not part of the court's judgment.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.