Under the main sentencing option, a first felony DUI in Montana is a 13-month to 2-year commitment to the Department of Corrections, built around a residential alcohol treatment program, followed by probation and a suspended 5-year prison term. People call the program WATCh. This page explains what the statute requires, what comes from department practice, and what follows the program. It is part of our Montana DUI Guide.
Who This Sentence Applies To
A DUI is a felony when a person has three or more prior qualifying convictions, or any prior conviction for vehicular homicide while under the influence (MCA § 61-8-1008(1)(a)). Whether each prior counts is its own question, covered on our felony DUI page. The structure below applies to a person sentenced under § 61-8-1008(1) for the first time. Someone previously sentenced under that subsection faces the higher tiers shown in the DUI penalties chart.
The Four Parts of the Sentence
| Stage | What the statute says | MCA |
|---|---|---|
| 1. Commitment | The court sentences the person to the Department of Corrections for 13 months to 2 years, for placement in an appropriate correctional facility or program. | § 61-8-1008(1)(a)(i) |
| 2. Residential treatment | The program may be a residential alcohol treatment program approved by the department. The department decides placement and may move the person. | § 61-8-1008(1)(b)(ii), (iii) |
| 3. Probation for the rest of the term | On successful completion, the remainder of the 13-month to 2-year term must be served on probation, on conditions the statute lists. | § 61-8-1008(1)(b)(iv) |
| 4. Suspended 5-year term | A consecutive 5-year term to the state prison follows, all of which must be suspended. | § 61-8-1008(1)(a)(i) |
A fine of $5,000 to $10,000 is imposed as well. The 13-month to 2-year term "may not be deferred or suspended, and the person is not eligible for parole" (§ 61-8-1008(1)(b)(i)).
Where the Name WATCh Comes From
The statute never uses the word. It refers to "a residential alcohol treatment program approved by the department of corrections." The name comes from the department.
A Department of Corrections operating procedure on residential alcohol treatment programs for felony DUI offenders (ACCD 5.4.300, effective in 2014) describes the Warm Springs Addictions Treatment and Change program, or WATCh, as a treatment program at Warm Springs run under contract by Community, Counseling, and Correctional Services, Inc., which began operating in February 2002. A second site in Glendive, WATCh East, opened later. In November 2021 the department announced that the Glendive program would close and the building would be repurposed. The department's current facilities list shows WATCh West in Warm Springs as a contracted facility.
That procedure was written under an earlier version of the felony DUI statute, so treat its details as a description of department practice, not as law. Program length, screening, and placement are administrative decisions that can change.
What the Department's Procedure Describes
- Length. "At least a six (6)-month intensive treatment program for alcohol addiction."
- Format. A modified therapeutic community, with treatment, programming, and groups for at least 8 hours a day, 5 to 6 days a week.
- Content. Chemical dependency counseling, mental health issues, relapse prevention, family relationships, and life skills, among other subjects.
- Screening. A screening committee decides acceptance. The procedure says felony DUI offenders are generally accepted, but a person may be denied for a history of violence or a medical or mental health condition that affects the ability to participate.
- If not accepted or not completed. The person is placed in a correctional facility.
The statute adds that after initial placement in a residential program, the department may, at its discretion, place the person in another facility or program (§ 61-8-1008(1)(b)(iii)). The sentencing judge commits the person to the department. The department, not the judge, controls where the time is served.
Probation After the Program
The court must order that if the person successfully completes the residential program, "the remainder of the 13-month to 2-year term must be served on probation." The conditions written into the statute (§ 61-8-1008(1)(b)(iv)) are:
- follow the department's standard conditions of probation;
- pay the costs of imprisonment, probation, and alcohol treatment if financially able;
- do not frequent an establishment where alcoholic beverages are served, and do not consume alcohol;
- do not operate a motor vehicle unless the probation officer authorizes it, and then only with an ignition interlock;
- enter and remain in an aftercare treatment program for the entire probationary period; and
- submit to random or routine drug and alcohol testing.
A person who completes the residential program under this subsection is not separately ordered into the chemical dependency treatment that other repeat convictions require (MCA § 61-8-1009(1)(b)). Our page on DUI probation conditions covers supervision fees, travel, and the standard conditions.
The Suspended 5-Year Term
The consecutive 5-year prison term "must be suspended." In practice that means a long period under conditions after the first term ends. The felony DUI statute makes Montana's revocation statute, MCA § 46-18-203, applicable (§ 61-8-1008(5)). If a violation is proved, a judge may continue, modify, or revoke the suspended sentence. See DUI probation violations.
A later felony DUI after a sentence under this subsection is punished under the next tier: state prison for up to 10 years (§ 61-8-1008(2)).
The Treatment Court Alternative
The statute gives the judge a second option: "a term of up to 5 years in an appropriate treatment court program, with required completion," and the same fine. A person sentenced this way may be entitled to a suspended sentence but is not eligible for a deferred imposition of sentence (§ 61-8-1008(1)(a)(ii)). Whether a treatment court is available and will accept a person depends on the judicial district. Our page on DUI treatment courts explains how they work.
A license issued after a felony DUI conviction must carry a notation of the probation restrictions when the judgment bars driving unless a probation officer authorizes it or the vehicle has an interlock (MCA § 61-5-208(6)). Our license suspension page covers reinstatement.
This page explains Montana law in general as of the 2025 Montana Code Annotated, and describes Department of Corrections practice from the department's published materials. It is not legal advice about your specific case.