Whether a first DUI is worth fighting depends on two things: what a conviction would cost you, and how strong the State's evidence is. You already know the first. You cannot know the second until someone has read the reports, watched the video, and checked the test records. So for most people the practical question is not "trial or plea." It is whether to look at the evidence before deciding. This page gives you what you need to answer that, without a sales pitch. It is part of our Montana DUI Guide.
What a First Conviction Costs
| Consequence | First offense | MCA |
|---|---|---|
| Jail | Impairment DUI: 24 consecutive hours to 6 months. Per se DUI: up to 6 months with no minimum. Aggravated: 2 days to 1 year | § 61-8-1007 |
| Fine | $600 to $1,000, or $1,000 if aggravated. Higher with a passenger under 16 | § 61-8-1007 |
| License | 6-month suspension on conviction | § 61-5-208(2)(b)(i) |
| Assessment and course | A chemical dependency assessment and, for a first conviction, an education course | § 61-8-1009(1) |
| Deferral | Not available. A court may not defer imposition of sentence for a DUI | § 61-8-1011(4) |
| Next time | Counts as a prior for a DUI committed within 10 years, and always counts toward a third or later | § 61-8-1011(1)(b) |
| Points | 10 habitual traffic offender points | § 61-11-203(2)(d) |
| Expungement | Not presumed for a DUI. One petition in a lifetime | §§ 46-18-1104, 46-18-1108 |
Those are the consequences the statutes set. The ones they do not set, such as insurance, employment, professional licenses, and travel to Canada, are covered on our pages about what a DUI costs and what a DUI affects. For some people those matter more than anything in the table.
What "Fighting" Actually Means
People picture a jury trial. Many contested DUI cases never reach one. Fighting a charge usually means four steps:
- Plead not guilty. This is the default first step and commits you to nothing.
- Get the evidence. The prosecutor must make reports, statements, and test results available on request (MCA § 46-15-322).
- Review it. The stop, the roadside tests, the breath or blood test, and whether the charge and any prior were counted correctly. See Montana DUI defenses.
- Decide. File a motion, negotiate, set the case for trial, or plead guilty knowing what the State can prove.
Only the last step is a real fork, and by then you are choosing with information. Our page on what a DUI lawyer does describes each step.
The Realistic Outcomes
- Dismissal. This happens when key evidence is suppressed, the State cannot prove an element, or a deadline is missed. It is not the usual result.
- A plea to a different offense. Possible only if the prosecutor agrees, and more likely when the State has a problem of proof.
- A plea to the DUI with agreed terms. The conviction is the same. What can differ is the recommended sentence within the statutory range and, in some cases, which subsection the plea is to. A first per se DUI has no jail minimum, while a first impairment DUI carries 24 consecutive hours (MCA § 61-8-1007).
- Trial. A jury of six, or the judge if a jury is waived (MCA § 46-17-201). The result is an acquittal or a conviction, and no one can tell you in advance which.
- Conviction as charged. In many cases the stop was lawful and the test was valid, and this is where the case ends whatever route it takes.
We are not going to put percentages on these. Any number would be invented, and Montana's rules of professional conduct treat a statement likely to create an unjustified expectation about results as misleading (Rule 7.1(b)).
What Fighting Costs You
It is fair to count the costs on the other side too.
- Money. A lawyer's fee if you hire one, or possible repayment of public defender costs if you are convicted and able to pay (MCA § 46-8-113).
- Time. A contested misdemeanor can take months. During that time you are under release conditions, which can include a condition not to use alcohol (MCA § 46-9-108).
- Uncertainty. A plea agreement with a sentencing recommendation does not bind the judge (MCA § 46-12-211(2)), and a trial has no guaranteed result.
What contesting the charge does not change is the menu of penalties. The ranges in MCA § 61-8-1007 and the 6-month suspension apply to a first conviction whenever it is entered.
When Pleading Guilty Is Reasonable
There are cases where a prompt plea is a sound decision, and a lawyer should say so. Typically they look like this: the reason for the stop is clear on video, the test was given by a certified operator on an instrument within its certification, the result is well over the limit, there is no prior and no license, job, or immigration issue that changes the stakes, and you know what sentence to expect. Even then, the plea is better made after those facts are confirmed than on the assumption that they are true. Before accepting it, the court must make sure you understand the charge, the minimum and maximum penalties, and the rights you are giving up (MCA § 46-12-210).
When the Stakes Call for a Closer Look
- You refused a test. The 30-day license petition is a separate deadline (MCA § 61-8-1017).
- You drive for a living or hold a commercial license. See CDL DUI.
- You hold a professional license or need to cross the Canadian border.
- You are not a U.S. citizen. A court must warn you that a plea might have immigration consequences (MCA § 46-12-210(1)(f)), and you should consult an immigration lawyer as well.
- The charge is aggravated, or involved a crash or a child passenger.
- Something about the stop or the testing did not seem right to you.
Our first-offense DUI page covers the penalties in more detail.
How to Decide
Ask yourself three questions. What would a DUI conviction change in my life over the next 10 years? Do I know what the video and the test records show? And can I afford, in money and time, to find out? If the answer to the second is no, the least risky step is usually a not guilty plea and a review, with the decision made afterward. Under Rule 1.2(a) that decision belongs to you, and a lawyer's job is to make sure you make it with the facts in hand. Our page on whether you need a lawyer for a first DUI compares your options for getting that review done.
This page explains Montana law in general as of the 2025 Montana Code Annotated. Every case turns on its own facts, and nothing here predicts an outcome. It is not legal advice about your specific case.