Mont. Code Ann. » TITLE 61. MOTOR VEHICLES · CHAPTER 8. TRAFFIC REGULATION · Part 7. Enforcement -- Penalties
Montana Code Annotated

Mont. Code Ann. § 61-8-714 (2026)

Repealed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 61
  3. CHAPTER 8
  4. Part 7
  5. 61-8-714 Repealed

TITLE 61. MOTOR VEHICLES

CHAPTER 8. TRAFFIC REGULATION

Part 7. Enforcement -- Penalties

Repealed

61-8-714. Repealed. Sec. 44, Ch. 498, L. 2021.

History: En. Sec. 39, Ch. 263, L. 1955; amd. Sec. 1, Ch. 194, L. 1957; amd. Sec. 3, Ch. 201, L. 1957; amd. Sec. 1, Ch. 109, L. 1961; amd. Sec. 1, Ch. 132, L. 1971; amd. Sec. 1, Ch. 289, L. 1977; amd. Sec. 1, Ch. 430, L. 1977; R.C.M. 1947, 32-2142(3), (4); amd. Sec. 1, Ch. 56, L. 1979; amd. Sec. 1, Ch. 301, L. 1979; amd. Sec. 1, Ch. 451, L. 1981; amd. Sec. 1, Ch. 433, L. 1983; amd. Sec. 1, Ch. 242, L. 1985; amd. Sec. 2, Ch. 476, L. 1989; amd. Sec. 1, Ch. 101, L. 1991; amd. Sec. 1, Ch. 102, L. 1991; amd. Sec. 11, Ch. 105, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 7, Ch. 789, L. 1991; amd. Sec. 1, Ch. 474, L. 1993; amd. Sec. 8, Ch. 447, L. 1995; amd. Sec. 517, Ch. 546, L. 1995; amd. Sec. 1, Ch. 567, L. 1995; amd. Sec. 1, Ch. 512, L. 1997; amd. Sec. 6, Ch. 525, L. 1997; amd. Sec. 3, Ch. 455, L. 1999; amd. Sec. 5, Ch. 563, L. 2001; amd. Sec. 5, Ch. 300, L. 2003; amd. Sec. 2, Ch. 426, L. 2005; amd. Sec. 1, Ch. 477, L. 2005; amd. Sec. 1, Ch. 225, L. 2011; amd. Sec. 2, Ch. 226, L. 2011; amd. Sec. 6, Ch. 282, L. 2011; amd. Sec. 14, Ch. 424, L. 2015.

Notes of Decisions
Cited in 59 cases (5 in the last 5 years), 1980–2026 · leading case: State v. Weldele, 2003 MT 117 (Mont. 2003).
Sort: Relevance Newest Treatment
State v. Weldele, 2003 MT 117 (Mont. 2003). · cites it 44× “¶ 27 In 1995, the Montana Legislature again amended § 61-8-714, MCA, by adding a new subsection which provides for a felony sanction for offenders on a fourth or subsequent DUI conviction.”
State v. Reams, 945 P.2d 52 (Mont. 1997). · cites it 103× “In 1995, the Montana Legislature amended § 61-8-714, MCA, to include a felony sanction for repetitive DUI offenders, which provides in pertinent part: (4) On the fourth or subsequent conviction, the person is guilty of a felony offense and shall be punished by imprisonment for a…”
State v. Brander, 930 P.2d 31 (Mont. 1996). · cites it 46× “While Jerry may not have foreseen in 1986 a change in the law in 1995, at the time he committed the instant offense of DUI on October 30, 1995, he was without question on notice that his prior DUI convictions would be considered for charging and sentencing purposes as regards…”
State v. Bowles, 947 P.2d 52 (Mont. 1997). · cites it 63× “In 1995, the Montana Legislature amended § 61-8-714, MCA, to include a felony sanction for repetitive DUI offenders, which provides in pertinent part: (4) On the fourth or subsequent conviction, the person is guilty of a felony offense and shall be punished by imprisonment for a…”
State v. Sidmore, 951 P.2d 558 (Mont. 1997). · cites it 54× “First, in addressing Sidmore’s expungement arguments in Issue 1, we conclude that both Sidmore’s 1990 BAC conviction and his 1988 Idaho DUI conviction should have been expunged from his Montana driving record, and, therefore, these convictions could not now be counted to support…”
State v. Cooney, 945 P.2d 891 (Mont. 1997). · cites it 63× “In 1995, the Montana Legislature amended § 61-8-714, MCA, to include a felony sanction for repetitive DUI offenders, which provides in pertinent part: (4) On the fourth or subsequent conviction, the person is guilty of a felony offense and shall be punished by imprisonment for a…”
State v. Pratt, 951 P.2d 37 (Mont. 1997). · cites it 14× “Pratt further argues that the 1995 amendments to § 61-8-714, MCA, constitute an ex post facto law in violation of Article II, Section 31, of the Montana Constitution, and Article I, Section 10, of the United States Constitution.”
State v. Beckman, 944 P.2d 756 (Mont. 1997). · cites it 52× “In 1995, the Montana Legislature amended § 61-8-714, MCA, to include a felony sanction for repetitive DUI offenders, which provides in pertinent part: (4) On the fourth or subsequent conviction, the person is guilty of a felony offense and shall be punished by imprisonment for a…”
State v. Campbell, 615 P.2d 190 (Mont. 1980). · cites it 12× “In section 61-8-401, MCA, it is provided that driving under the influence is unlawful and punishable as provided in section 61-8-714(1), MCA. *201 Section 61-8-714(1), MCA provides that a first conviction of driving while intoxicated shall be punished by a fine of not less than…”
State v. Carter, 948 P.2d 1173 (Mont. 1997). · cites it 14× “The justice court ordered the sheriff to seize Appellant’s car as required by § 61-8-714(3)(b)(i), MCA (1993). Appellant then appealed to District Court.”
State v. Thibert, 1998 MT 207 (Mont. 1998). · cites it 35× “¶2 The issue on appeal is whether the District Court erred in concluding that all of Thibert’s prior DUI convictions had been expunged from his record pursuant to the pre-1989 version of § 61-8-714, MCA, and, on that basis, in reducing the charge against him to misdemeanor first…”
State v. Ellenburg, 938 P.2d 1376 (Mont. 1997). · cites it 20× “What is the effect of legislative silence concerning mental state in the felony provision of § 61-8-714, MCA, on the status of DUI, fourth or subsequent offense, as an absolute liability offense? 2.”
Show all 59 citing cases →
— Mont. Code Ann. § 61-8-714(1) — 4 cases
State v. Campbell, 615 P.2d 190 (Mont. 1980). “In section 61-8-401, MCA, it is provided that driving under the influence is unlawful and punishable as provided in section 61-8-714(1), MCA. *201 Section 61-8-714(1), MCA provides that a first conviction of driving while intoxicated shall be punished by a fine of not less than…”
State v. Haldane, 2013 MT 32 (Mont. 2013).
State v. Michael H. Hass, 2011 MT 296 (Mont. 2011).
City of Billings v. Weatherwax, 630 P.2d 1216 (Mont. 1981).
— Mont. Code Ann. § 61-8-714(2) — 1 case
State v. Sidmore, 951 P.2d 558 (Mont. 1997). “First, in addressing Sidmore’s expungement arguments in Issue 1, we conclude that both Sidmore’s 1990 BAC conviction and his 1988 Idaho DUI conviction should have been expunged from his Montana driving record, and, therefore, these convictions could not now be counted to support…”
— Mont. Code Ann. § 61-8-714(2)(a) — 1 case
State v. Davis, 2016 MT 102 (Mont. 2016).
— Mont. Code Ann. § 61-8-714(3) — 5 cases
State v. Anderson, 2008 MT 116 (Mont. 2008).
State v. Sidmore, 951 P.2d 558 (Mont. 1997). “First, in addressing Sidmore’s expungement arguments in Issue 1, we conclude that both Sidmore’s 1990 BAC conviction and his 1988 Idaho DUI conviction should have been expunged from his Montana driving record, and, therefore, these convictions could not now be counted to support…”
State v. Clark, 2000 MT 40 (Mont. 2000).
State v. Koehn, 1998 MT 234 (Mont. 1998).
State v. Gee, 723 P.2d 934 (Mont. 1986).
— Mont. Code Ann. § 61-8-714(3)(b)(i) — 1 case
State v. Carter, 948 P.2d 1173 (Mont. 1997). “The justice court ordered the sheriff to seize Appellant’s car as required by § 61-8-714(3)(b)(i), MCA (1993). Appellant then appealed to District Court.”
— Mont. Code Ann. § 61-8-714(4) — 26 cases
State v. Weldele, 2003 MT 117 (Mont. 2003). “¶ 27 In 1995, the Montana Legislature again amended § 61-8-714, MCA, by adding a new subsection which provides for a felony sanction for offenders on a fourth or subsequent DUI conviction.”
State v. Tomaskie, 2007 MT 103 (Mont. 2007).
State v. Cooney, 945 P.2d 891 (Mont. 1997). “In 1995, the Montana Legislature amended § 61-8-714, MCA, to include a felony sanction for repetitive DUI offenders, which provides in pertinent part: (4) On the fourth or subsequent conviction, the person is guilty of a felony offense and shall be punished by imprisonment for a…”
State v. Stubblefield, 940 P.2d 444 (Mont. 1997).
State v. Ellenburg, 938 P.2d 1376 (Mont. 1997). “What is the effect of legislative silence concerning mental state in the felony provision of § 61-8-714, MCA, on the status of DUI, fourth or subsequent offense, as an absolute liability offense? 2.”
— Mont. Code Ann. § 61-8-714(5) — 15 cases
State v. Reams, 945 P.2d 52 (Mont. 1997). “In 1995, the Montana Legislature amended § 61-8-714, MCA, to include a felony sanction for repetitive DUI offenders, which provides in pertinent part: (4) On the fourth or subsequent conviction, the person is guilty of a felony offense and shall be punished by imprisonment for a…”
State v. Bowles, 947 P.2d 52 (Mont. 1997). “In 1995, the Montana Legislature amended § 61-8-714, MCA, to include a felony sanction for repetitive DUI offenders, which provides in pertinent part: (4) On the fourth or subsequent conviction, the person is guilty of a felony offense and shall be punished by imprisonment for a…”
State v. Weldele, 2003 MT 117 (Mont. 2003). “¶ 27 In 1995, the Montana Legislature again amended § 61-8-714, MCA, by adding a new subsection which provides for a felony sanction for offenders on a fourth or subsequent DUI conviction.”
State v. Cooney, 945 P.2d 891 (Mont. 1997). “In 1995, the Montana Legislature amended § 61-8-714, MCA, to include a felony sanction for repetitive DUI offenders, which provides in pertinent part: (4) On the fourth or subsequent conviction, the person is guilty of a felony offense and shall be punished by imprisonment for a…”
State v. Brander, 930 P.2d 31 (Mont. 1996). “While Jerry may not have foreseen in 1986 a change in the law in 1995, at the time he committed the instant offense of DUI on October 30, 1995, he was without question on notice that his prior DUI convictions would be considered for charging and sentencing purposes as regards…”
— Mont. Code Ann. § 61-8-714(6) — 11 cases
State v. Brander, 930 P.2d 31 (Mont. 1996). “While Jerry may not have foreseen in 1986 a change in the law in 1995, at the time he committed the instant offense of DUI on October 30, 1995, he was without question on notice that his prior DUI convictions would be considered for charging and sentencing purposes as regards…”
State v. Weldele, 2003 MT 117 (Mont. 2003). “¶ 27 In 1995, the Montana Legislature again amended § 61-8-714, MCA, by adding a new subsection which provides for a felony sanction for offenders on a fourth or subsequent DUI conviction.”
State v. Bowles, 947 P.2d 52 (Mont. 1997). “In 1995, the Montana Legislature amended § 61-8-714, MCA, to include a felony sanction for repetitive DUI offenders, which provides in pertinent part: (4) On the fourth or subsequent conviction, the person is guilty of a felony offense and shall be punished by imprisonment for a…”
State v. Reams, 945 P.2d 52 (Mont. 1997). “In 1995, the Montana Legislature amended § 61-8-714, MCA, to include a felony sanction for repetitive DUI offenders, which provides in pertinent part: (4) On the fourth or subsequent conviction, the person is guilty of a felony offense and shall be punished by imprisonment for a…”
State v. Pratt, 951 P.2d 37 (Mont. 1997). “Pratt further argues that the 1995 amendments to § 61-8-714, MCA, constitute an ex post facto law in violation of Article II, Section 31, of the Montana Constitution, and Article I, Section 10, of the United States Constitution.”
— Mont. Code Ann. § 61-8-714(6)(1995) — 1 case
Latray v. Bludworth (D. Mont. 2022).
— Mont. Code Ann. § 61-8-714(7) — 1 case
State v. Sidmore, 951 P.2d 558 (Mont. 1997). “First, in addressing Sidmore’s expungement arguments in Issue 1, we conclude that both Sidmore’s 1990 BAC conviction and his 1988 Idaho DUI conviction should have been expunged from his Montana driving record, and, therefore, these convictions could not now be counted to support…”
— Mont. Code Ann. § 61-8-714(l)(c) — 1 case
State v. Haldane, 2013 MT 32 (Mont. 2013).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.