A Montana DUI can sometimes be resolved by a plea to a different offense, most often reckless driving, but only by agreement with the prosecutor. Montana has no "wet reckless" statute and no program that turns a DUI into something else after good behavior. This page explains what a reduction is, what each substitute offense carries, and what a reduction does not do. It expands the last section of our Montana DUI defenses page and is part of our Montana DUI Guide.
Why There Is No Wet Reckless Here
In some states a "wet reckless" is a defined, alcohol-related reckless driving conviction that counts as a prior if the person is arrested for DUI again. Montana's reckless driving statute has no such version. It covers a person who "operates a vehicle in willful or wanton disregard for the safety of persons or property" (MCA § 61-8-301(1)(a)), and it does not mention alcohol.
Two more rules close off the other shortcuts people ask about. A prosecution for DUI may not be deferred under the pretrial diversion statute (MCA § 46-16-130(4)), and a court may not defer imposition of sentence for a DUI (MCA § 61-8-1011(4)). So the charge ends in one of four ways: a dismissal, an acquittal, a conviction for DUI, or a conviction for something else by agreement.
How a Reduction Actually Happens
Montana's plea agreement statute lets the prosecutor and the defense discuss an agreement under which the defendant pleads guilty or no contest "to a charged offense or to a lesser or related offense" (MCA § 46-12-211(1)). In a DUI case that typically means the prosecutor files or amends to a different charge and moves to dismiss the DUI.
- The prosecutor has to agree. Nothing entitles a defendant to an amended charge.
- The agreement is disclosed in open court when the plea is offered (MCA § 46-12-211(2)).
- The judge can reject it. If the court rejects an agreement to dismiss charges or to a specific sentence, it must let you withdraw the plea (MCA § 46-12-211(4)).
- The plea is yours to enter. Your lawyer advises, and you decide.
What Each Offense Carries
| Offense | Jail | Fine | Points | License |
|---|---|---|---|---|
| First DUI, per se (§ 61-8-1002(1)(b)) | Up to 6 months | $600 to $1,000 | 10 | 6-month suspension |
| First DUI, impairment (§ 61-8-1002(1)(a)) | 24 consecutive hours to 6 months | $600 to $1,000 | 10 | 6-month suspension |
| Reckless driving, first conviction (§ 61-8-301) | Up to 90 days | $100 to $500, or jail, or both | 5 | None required for a single conviction |
| Careless driving, first conviction (§ 61-8-302) | None for a first conviction, absent death or serious injury | $10 to $100 | Not separately listed | None required |
| Negligent endangerment (§ 45-5-208) | Up to 1 year in county jail | Up to $1,000, or jail, or both | Not a Title 61 traffic offense | Not addressed in § 61-5-205 |
Sources: MCA §§ 61-8-1007, 61-5-208(2)(b)(i), 61-8-715(1), 61-8-711(2), 61-8-716, 45-5-208, 61-11-203(2), and 61-5-205(2). Points are habitual traffic offender points. Careless driving is not named in the point schedule, which assigns 2 points to "all other moving violations."
Reckless Driving Up Close
A first conviction is punished by up to 90 days in jail, a fine of $100 to $500, or both. A second or later conviction carries 5 days to 6 months, a fine of $500 to $1,000, or both (MCA § 61-8-715(1)). If the offense results in death or serious bodily injury, the maximum rises to 1 year and $10,000 (MCA § 61-8-715(2)).
Three differences from a DUI conviction usually matter most:
- License. The department must suspend for a DUI conviction. For reckless driving the mandatory suspension applies only to three reckless driving offenses committed within 12 months (MCA § 61-5-205(2)).
- Points. Reckless driving is 5 points and DUI is 10, toward the 30 points in 3 years that make a habitual traffic offender (MCA § 61-11-203).
- Priors. The statute that defines which convictions count toward a second, third, or fourth DUI lists DUI offenses, similar offenses elsewhere, and certain vehicular homicide and assault convictions. Reckless driving is not on it (MCA § 61-8-1011(1)).
The DUI-specific requirements, such as the chemical dependency assessment and course in MCA § 61-8-1009, attach to a DUI conviction. A plea agreement or sentence on another charge can still include conditions, and prosecutors sometimes ask for them.
Careless Driving and Negligent Endangerment
Careless driving is the least serious of the three. It requires only a failure to drive in a careful and prudent manner (MCA § 61-8-302), and a first conviction is a fine of $10 to $100 unless someone was killed or seriously hurt (MCA §§ 61-8-711(2), 61-8-716).
Negligent endangerment is a criminal offense in Title 45, not a traffic offense. A person commits it by negligently engaging in conduct that creates a substantial risk of death or serious bodily injury to another, and the penalty is a fine up to $1,000, up to 1 year in county jail, or both (MCA § 45-5-208). Its maximum jail term is longer than that of a first DUI that is not aggravated, which surprises people who assume every reduction is lighter on paper.
Do not confuse it with criminal endangerment (MCA § 45-5-207), which requires knowing conduct and is punishable by up to 10 years in prison. It is a different and far more serious charge, not a reduction. The statute itself says a high blood alcohol concentration alone is not sufficient to support it.
What a Reduction Does Not Do
- It does not undo a refusal suspension. That suspension comes from the refusal, not from a conviction, and is challenged only by a district court petition within 30 days (MCA §§ 61-8-1017, 61-8-1032). See test refusal and implied consent.
- It does not erase the arrest. Court records of the original charge still exist.
- It does not bind anyone outside the court. Employers, licensing boards, insurers, and border officials apply their own rules to the conviction you end up with and sometimes to the original charge. See what a DUI affects.
- It is not a finding that you were innocent. It is a conviction for a different offense.
What Makes a Prosecutor Consider One
No statute lists the factors, and offices differ. In general an amended charge is discussed when the State has a real problem of proof: a stop that may not survive a motion, a test result with a foundation issue, weak evidence of impairment in a case with no number, or a question about whether the person was driving at all. A clean record and steps a person has taken on their own can matter at the margin. A case with a lawful stop and a valid test result well over the limit may draw no offer at all.
That is why the evidence review comes first and the negotiation second. Our pages on challenging the traffic stop and challenging the breath test describe that review, and is it worth fighting a first DUI looks at the decision as a whole.
This page explains Montana law in general as of the 2025 Montana Code Annotated. Whether any reduction is available depends on the facts and the prosecutor, and nothing here predicts an outcome. It is not legal advice about your specific case.