A Montana judge can require alcohol monitoring as a condition of release while a DUI case is pending, before any finding of guilt. The monitoring may be twice-daily breath testing through the 24/7 sobriety program, a transdermal bracelet, or a remote breath device, and you will usually be ordered to pay for it. This page is part of our Montana DUI Guide. For how the program works after a conviction, see our 24/7 sobriety program page.
Two Sources of Authority
The general release statute.A court may impose any condition that will reasonably ensure the defendant's appearance or the safety of any person or the community. The listed conditions include that the defendant may not use or possess alcohol, and, if applicable, an alcohol monitoring device that can detect the usage of alcohol, including a transdermal alcohol monitoring unit or a facial recognition breathalyzer unit (MCA § 46-9-108(1)(i)). This statute is not limited to repeat offenses.
The 24/7 program statute. Separately, a court may condition any bond or pretrial release on participation in the 24/7 sobriety and drug monitoring program for a person charged with aggravated DUI or a second or later DUI violation (MCA § 44-4-1205(2)(a)). A court may compel participation if the person is charged with aggravated DUI, or is charged with DUI and has a DUI conviction or unvacated forfeiture in the preceding 10 years (MCA § 44-4-1205(4)).
The practical result: on a first, non-aggravated DUI the 24/7 provisions do not apply by their terms, but a judge still has authority under the release statute to order abstinence and a monitoring device where the facts support it. Whether a court does so on a first offense varies.
The Testing Methods
| Method | How it works | Source |
|---|---|---|
| Twice-a-day breath testing | In person at a central location, at two daily testing times approximately 12 hours apart. The statute names it as a primary testing method. | MCA § 44-4-1203(2)(b), (5)(b) |
| Transdermal monitoring | A device worn against the skin that samples perspiration for alcohol. Listed as a hardship method in the 24/7 program and as an alcohol monitoring device in the release statute. | MCA §§ 44-4-1203(2)(c), 46-9-108(1)(i)(i) |
| Remote breath device | A portable breath unit used away from a testing site. The release statute separately lists a facial recognition breathalyzer unit. | MCA §§ 44-4-1203(2)(c), 46-9-108(1)(i)(ii) |
| Drug testing | Urinalysis, saliva testing, or a drug patch, where drugs are at issue. | MCA § 44-4-1202(3)(g) |
Counties are not required to run a 24/7 site. The program operates where a law enforcement agency chooses to participate (MCA § 44-4-1203(4)), so what a court can order depends partly on what exists locally.
Twice-Daily Testing Versus a Device
In the 24/7 program, twice-a-day in-person breath testing is a primary method. Transdermal devices and remote breath devices are hardship methods, which may be used if the court or agency determines that hardship factors, including distance from or lack of access to a primary testing site, prevent the reasonable use of a primary method (MCA § 44-4-1203(2)(c)).
That gives you something concrete to ask for. If you work shifts that overlap both testing times, live far from the site, or travel for work, a request for a hardship method is grounded in the statute. Make it early and bring proof, such as a work schedule or the mileage. Each method has trade-offs. In-person testing interrupts every day at fixed times. A bracelet is worn continuously. A remote device calls for tests at scheduled times through the day, wherever you are.
Who Pays, and How Much
When a court imposes alcohol monitoring as a release condition it must specify the terms under which the monitoring is performed, and it may require the defendant to pay the costs. If the costs have not been paid, on conviction the court must order reimbursement to the providing agency unless it determines the defendant is not or will not be able to pay (MCA § 46-9-108(2)(b)).
For the 24/7 program, the attorney general sets participation and testing fees by rule (MCA § 44-4-1204(2)). The program rules published by the Department of Justice allow an enrollment fee of up to $30 and say testing and monitoring fees may not exceed the amounts in the local vendor agreement. For bracelets and remote devices they describe a daily monitoring fee paid in advance, an installation or activation fee, and repair or replacement costs due to misuse (ARM 23.18.305). Because the amounts come from vendor agreements, we do not quote a daily price. Ask the testing site, and see what a DUI costs.
What Counts as a Violation
The obvious one is a confirmed positive test. Others are less obvious:
- A missed test. Under the program rules, a no-show that is unexcused and confirmed is a non-compliant event, while a no-show excused by the participant's supervisor is not (ARM 23.18.311).
- Declining a confirmation test after a first breath result that is not negative (ARM 23.18.311).
- Tampering with a transdermal device, whether or not it works (ARM 23.18.312).
- Not paying when payment is a condition of release.
The 24/7 program is built around quick consequences. Its statute defines an immediate sanction as one applied within minutes of a noncompliant test event (MCA § 44-4-1202(3)(d)). More generally, if a defendant violates a condition of release, the prosecutor may move to revoke the release order and a judge may issue an arrest warrant (MCA § 46-9-503(1)). After an arrest, the defendant is brought before the court, which holds a hearing and determines bail again (MCA § 46-9-505(4)).
If you believe a result is wrong, say so promptly through your lawyer. Do not skip the next test to make the point. Our page on mouth alcohol and false readings covers some reasons breath results are questioned.
Asking the Court to Change a Condition
Monitoring orders are not permanent. The court may amend a release order at any time, on a reasonable basis, on its own motion or the motion of either party (MCA § 46-9-108(3)), and either side may apply to alter the conditions of bail (MCA § 46-9-311). Requests that are commonly made include switching from in-person testing to a device, reducing testing after a period of clean results, or permission to travel. Whether a judge grants one depends on the charge, your record, and how compliance has gone.
A record of clean tests is also information the court will have later. For the other conditions a court may set, see bail and release conditions. Monitoring after a conviction is covered on our pages about DUI probation conditions and ignition interlock.
This page explains Montana law in general as of the 2025 Montana Code Annotated and the 24/7 program rules as published by the Montana Department of Justice. Available devices, testing sites, and fees vary by county. It is not legal advice about your specific case.