61-8-722. Repealed. Sec. 44, Ch. 498, L. 2021.
Montana Code Annotated
Mont. Code Ann. § 61-8-722 (2026)
Repealed
✓ current as of May 2026
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TITLE 61. MOTOR VEHICLES
CHAPTER 8. TRAFFIC REGULATION
Part 7. Enforcement -- Penalties
Repealed
History: En. Sec. 11, Ch. 698, L. 1983; amd. Sec. 2, Ch. 242, L. 1985; amd. Sec. 2, Ch. 101, L. 1991; amd. Sec. 12, Ch. 105, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 8, Ch. 789, L. 1991; amd. Sec. 2, Ch. 474, L. 1993; amd. Sec. 9, Ch. 447, L. 1995; amd. Sec. 518, Ch. 546, L. 1995; amd. Sec. 2, Ch. 567, L. 1995; amd. Sec. 255, Ch. 42, L. 1997; amd. Sec. 2, Ch. 512, L. 1997; amd. Sec. 7, Ch. 525, L. 1997; amd. Sec. 6, Ch. 300, L. 2003; amd. Sec. 3, Ch. 426, L. 2005; amd. Sec. 2, Ch. 477, L. 2005; amd. Sec. 2, Ch. 225, L. 2011; amd. Sec. 3, Ch. 226, L. 2011; amd. Sec. 7, Ch. 282, L. 2011; amd. Sec. 20, Ch. 153, L. 2013; amd. Sec. 15, Ch. 424, L. 2015.
Notes of Decisions
Cited in 10
cases (4 in the last 5 years), 1989–2026 · leading case: State v. Sidmore, 951 P.2d 558 (Mont. 1997).
State v. Sidmore, 951 P.2d 558 (Mont. 1997). “We note in our original Opinion issued October 7, 1997, we held that Sidmore’s 1990 BAC conviction should have been expunged from his record pursuant to § 61-8-722(6), MCA (1989). With the expungement of Sidmore’s 1990 BAC conviction, two previous convictions remain on his…”
City of Whitefish v. T. Curran, 2026 MT 65 (Mont. 2026). “¶3 The Municipal Court held a sentencing hearing and heard testimony from then 73-year-old Curran about his financial and personal circumstances that rendered him 1 This section was repealed effective January 1, 2022, as part of a package to revise and reorganize Montana’s DUI…”
City of Whitefish v. Curran, 2023 MT 118 (Mont. 2023). “¶3 The Municipal Court held a sentencing hearing on August 11, 2020. Curran’s counsel requested that the court suspend Curran’s fine entirely due to his inability to pay.”
State v. M. Krebs, 2016 MT 288 (Mont. 2016). “2d 558, 564 (1997) (quoting § 61-8-722(6), MCA (1989)). This remained true even if the person received an “under the influence” conviction within five years of receiving a BAC conviction.”
State v. Anderson, 2008 MT 116 (Mont. 2008). “However, Anderson did argue that the April 24,1989 DUI and the February 7,1994 BAC convictions had to be expunged because he did not re-offend within the five-year expungement period set forth in the statutes applicable to each charge, § 61-8-714(5), MCA (1987), and §…”
State v. O'BRIAN, 770 P.2d 507 (Mont. 1989). “The District Court thus did not err in finding the defendant guilty beyond a reasonable doubt of driving while under the influence of alcohol and in then imposing a sentence in accordance with § 61-8-722, MCA. The judgment and sentence of the District Court are affirmed.”
State v. Darrah, 2009 MT 96 (Mont. 2009). “Section 61-8-722, MCA. *72 ¶6 Darrah moved the Justice Court to amend the charge from DUI third offense to second DUI, contending that his first DUI in 2002 had been expunged by order of the Youth Court and should not have been counted against him.”
State v. N. Cole, 2026 MT 52 (Mont. 2026). “But nothing in Curran purported to expand judicial authority to alter the Legislature’s mandatory fine scheme; in fact, doing so would have undermined Curran’s premise that the mandatory fine was legal in the first place.”
State v. Matheson, 2013 MT 135N (Mont. 2013). “Matheson moved to strike the Alaska conviction on the ground that it should be deemed a “BAC” or “per se” DUI conviction, and, therefore, should have been expunged pursuant § 61-8-722 (1993), MCA. ¶4 The State provided documentation of the DUI ordinance from Anchorage, Alaska in…”
State v. Letherman, 2023 MT 196 (Mont. 2023). “CONCLUSION ¶19 We remand for resentencing according to misdemeanor third offense DUI, § 61-8-722, MCA (2019) (recodified at § 61-8-1007, MCA).”
Mont. Code Ann. § 61-8-722(1): 3 cases
City of Whitefish v. T. Curran, 2026 MT 65 (Mont. 2026). “¶3 The Municipal Court held a sentencing hearing and heard testimony from then 73-year-old Curran about his financial and personal circumstances that rendered him 1 This section was repealed effective January 1, 2022, as part of a package to revise and reorganize Montana’s DUI…”
City of Whitefish v. Curran, 2023 MT 118 (Mont. 2023). “¶3 The Municipal Court held a sentencing hearing on August 11, 2020. Curran’s counsel requested that the court suspend Curran’s fine entirely due to his inability to pay.”
State v. N. Cole, 2026 MT 52 (Mont. 2026). “But nothing in Curran purported to expand judicial authority to alter the Legislature’s mandatory fine scheme; in fact, doing so would have undermined Curran’s premise that the mandatory fine was legal in the first place.”
Mont. Code Ann. § 61-8-722(6): 3 cases
State v. Sidmore, 951 P.2d 558 (Mont. 1997). “We note in our original Opinion issued October 7, 1997, we held that Sidmore’s 1990 BAC conviction should have been expunged from his record pursuant to § 61-8-722(6), MCA (1989). With the expungement of Sidmore’s 1990 BAC conviction, two previous convictions remain on his…”
State v. M. Krebs, 2016 MT 288 (Mont. 2016). “2d 558, 564 (1997) (quoting § 61-8-722(6), MCA (1989)). This remained true even if the person received an “under the influence” conviction within five years of receiving a BAC conviction.”
State v. Anderson, 2008 MT 116 (Mont. 2008). “However, Anderson did argue that the April 24,1989 DUI and the February 7,1994 BAC convictions had to be expunged because he did not re-offend within the five-year expungement period set forth in the statutes applicable to each charge, § 61-8-714(5), MCA (1987), and §…”
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