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

Mont. Code Ann. § 61-8-731

Repealed

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  1. MCA Contents
  2. TITLE 61
  3. CHAPTER 8
  4. Part 7
  5. 61-8-731 Repealed

TITLE 61. MOTOR VEHICLES

CHAPTER 8. TRAFFIC REGULATION

Part 7. Enforcement -- Penalties

Repealed

61-8-731. Repealed. Sec. 44, Ch. 498, L. 2021.

History: En. Sec. 3, Ch. 512, L. 1997; amd. Sec. 1, Ch. 391, L. 1999; amd. Sec. 4, Ch. 455, L. 1999; amd. Sec. 2, Ch. 417, L. 2001; amd. Sec. 1, Ch. 54, L. 2005; amd. Sec. 5, Ch. 426, L. 2005; amd. Sec. 62, Ch. 449, L. 2005; amd. Sec. 8, Ch. 282, L. 2011; amd. Sec. 21, Ch. 153, L. 2013; amd. Sec. 1, Ch. 197, L. 2015; amd. Sec. 16, Ch. 424, L. 2015; amd. Sec. 38, Ch. 321, L. 2017; amd. Sec. 1, Ch. 473, L. 2021.

Notes of Decisions
Cited in 101 cases (25 in the last 5 years), 1998–2026 · leading case: State v. Damon
Sort: Relevance Newest Treatment
State v. Damon (2005) mont · cites it 114× “Finally, he argues that the specific felony DUI sentencing provisions of § 61-8-731, MCA, conflict with the more general provisions of § 46-18-502(1), MCA, and should preclude enhancement of his sentence.”
State v. R. Gibbons (2024) mont · cites it 120× “Section 61-8-731, MCA, provides a “mandatory minimum,” thus denoting that the fine is both “mandatory” and a “minimum.”
State v. D. Ingram (2020) mont · cites it 32× “Ingram was charged with DUI, Fourth or Subsequent Offense, a felony, in violation of § 61-8-731, MCA, and entered a guilty plea in November 2018.”
State v. E. Yeaton (2021) mont · cites it 59× “Primarily, Mingus was sentenced under a different subsection of § 61-8-731, MCA, that pertaining to fourth DUIs; Yeaton was sentenced under the subsection pertaining to fifth or subsequent DUIs.”
State v. Weldele (2003) mont · cites it 14× “Section 61-8-731, MCA (1997), created the penalty applicable to felony DUIs, i.”
State v. Spotted Eagle (2003) mont · cites it 28× “Consequently, the State prosecuted the offense as a felony pursuant to § 61-8-731, MCA. ¶ 5 Section 61-8-731, MCA, provides that a defendant who is convicted of a fourth or subsequent DUI is guilty of a felony rather than a misdemeanor.”
State v. Oie (2007) mont · cites it 22× “¶17 The proper subsection of § 61-8-731, MCA, to apply in this case is, as Oie argues, subsection (5) providing that the court “may continue the period of probation or require the defendant to serve the remainder of the probation sentence in one of the facilities set forth in…”
State v. Mingus (2004) mont · cites it 20× “000 Fine ¶11 A person who violates § 61-8-401, MCA, shall be sentenced in accordance with § 61-8-731, MCA. Section 61-8-731, MCA, requires a fine of not less than $1,000 or more than $10,000.”
State v. Walker (2001) mont · cites it 22× “*160 ¶2 The issue on appeal is whether the District Court erred in rejecting Walker’s constitutional challenge to § 61-8-731, MCA, on double jeopardy grounds when it revoked her probation and committed her to the Department of Corrections for the remainder of the original…”
State v. Osborne (2005) mont · cites it 12× “His petition argues that, pursuant to § 61-8-731, MCA (2003), the court lacked authority to sentence him concomitantly on a charge of felony DUI and as a persistent felony offender.”
State v. M. Krebs (2016) mont · cites it 8× “¶16 The parties do not dispute that if Krebs’s 1988 conviction was a BAC conviction, it could not have been used to support a felony charge under § 61-8-731, MCA, because he did not receive another BAC conviction in the subsequent five years.”
State v. Yorek (2002) mont · cites it 7× “tter jurisdiction to *241 impose a persistent felony offender designation upon a defendant being sentenced for felony DUI? ¶12 Yorek contends the District Court lacked the authority to designate him as a persistent felony offender following his felony DUI conviction because §…”
Show all 101 citing cases →
— Mont. Code Ann. § 61-8-731(1) — 23 cases
State v. M. Krebs (2016) mont “¶16 The parties do not dispute that if Krebs’s 1988 conviction was a BAC conviction, it could not have been used to support a felony charge under § 61-8-731, MCA, because he did not receive another BAC conviction in the subsequent five years.”
State v. E. Yeaton (2021) mont “Primarily, Mingus was sentenced under a different subsection of § 61-8-731, MCA, that pertaining to fourth DUIs; Yeaton was sentenced under the subsection pertaining to fifth or subsequent DUIs.”
State v. Robinson (2009) mont
State v. Spotted Eagle (2003) mont “Consequently, the State prosecuted the offense as a felony pursuant to § 61-8-731, MCA. ¶ 5 Section 61-8-731, MCA, provides that a defendant who is convicted of a fourth or subsequent DUI is guilty of a felony rather than a misdemeanor.”
State v. McNally (2002) mont
— Mont. Code Ann. § 61-8-731(1)(a) — 11 cases
State v. Damon (2005) mont “Finally, he argues that the specific felony DUI sentencing provisions of § 61-8-731, MCA, conflict with the more general provisions of § 46-18-502(1), MCA, and should preclude enhancement of his sentence.”
State v. Joseph Morrison (2008) mont
State v. Kurtz (2019) mont
State v. N. Cole (2026) mont
State v. H. Vaska (2025) mont
— Mont. Code Ann. § 61-8-731(1)(a)(i) — 2 cases
State v. M. Daricek (2018) mont
State v. A. Dishon (2023) mont
— Mont. Code Ann. § 61-8-731(1)(a)(iii) — 6 cases
State v. D. Ingram (2020) mont “Ingram was charged with DUI, Fourth or Subsequent Offense, a felony, in violation of § 61-8-731, MCA, and entered a guilty plea in November 2018.”
State v. N. Cole (2026) mont
State v. C. Horn (2026) mont
State v. R. Gibbons (2024) mont “Section 61-8-731, MCA, provides a “mandatory minimum,” thus denoting that the fine is both “mandatory” and a “minimum.”
State v. D. Dowd (2023) mont
— Mont. Code Ann. § 61-8-731(1)(b) — 3 cases
State v. Damon (2005) mont “Finally, he argues that the specific felony DUI sentencing provisions of § 61-8-731, MCA, conflict with the more general provisions of § 46-18-502(1), MCA, and should preclude enhancement of his sentence.”
State v. Kampf (2008) mont
Bokma v. Olsen (2025) mont
— Mont. Code Ann. § 61-8-731(1)(c) — 1 case
State v. R. Gibbons (2024) mont “Section 61-8-731, MCA, provides a “mandatory minimum,” thus denoting that the fine is both “mandatory” and a “minimum.”
— Mont. Code Ann. § 61-8-731(2) — 1 case
State v. E. Yeaton (2021) mont “Primarily, Mingus was sentenced under a different subsection of § 61-8-731, MCA, that pertaining to fourth DUIs; Yeaton was sentenced under the subsection pertaining to fifth or subsequent DUIs.”
— Mont. Code Ann. § 61-8-731(3) — 12 cases
State v. R. Gibbons (2024) mont “Section 61-8-731, MCA, provides a “mandatory minimum,” thus denoting that the fine is both “mandatory” and a “minimum.”
State v. E. Yeaton (2021) mont “Primarily, Mingus was sentenced under a different subsection of § 61-8-731, MCA, that pertaining to fourth DUIs; Yeaton was sentenced under the subsection pertaining to fifth or subsequent DUIs.”
City of Whitefish v. T. Curran (2026) mont
State v. N. Cole (2026) mont
State v. H. Vaska (2025) mont
— Mont. Code Ann. § 61-8-731(3)(b) — 3 cases
State v. Mingus (2004) mont “000 Fine ¶11 A person who violates § 61-8-401, MCA, shall be sentenced in accordance with § 61-8-731, MCA. Section 61-8-731, MCA, requires a fine of not less than $1,000 or more than $10,000.”
State v. E. Yeaton (2021) mont “Primarily, Mingus was sentenced under a different subsection of § 61-8-731, MCA, that pertaining to fourth DUIs; Yeaton was sentenced under the subsection pertaining to fifth or subsequent DUIs.”
State v. M. Daricek (2018) mont
— Mont. Code Ann. § 61-8-731(3)(f) — 1 case
State v. Mingus (2004) mont “000 Fine ¶11 A person who violates § 61-8-401, MCA, shall be sentenced in accordance with § 61-8-731, MCA. Section 61-8-731, MCA, requires a fine of not less than $1,000 or more than $10,000.”
— Mont. Code Ann. § 61-8-731(4) — 1 case
State v. Kampf (2008) mont
— Mont. Code Ann. § 61-8-731(4)(b) — 5 cases
State v. D. Ingram (2020) mont “Ingram was charged with DUI, Fourth or Subsequent Offense, a felony, in violation of § 61-8-731, MCA, and entered a guilty plea in November 2018.”
State v. E. Yeaton (2021) mont “Primarily, Mingus was sentenced under a different subsection of § 61-8-731, MCA, that pertaining to fourth DUIs; Yeaton was sentenced under the subsection pertaining to fifth or subsequent DUIs.”
State v. Oie (2007) mont “¶17 The proper subsection of § 61-8-731, MCA, to apply in this case is, as Oie argues, subsection (5) providing that the court “may continue the period of probation or require the defendant to serve the remainder of the probation sentence in one of the facilities set forth in…”
State v. M. Daricek (2018) mont
State v. D. Dowd (2023) mont
— Mont. Code Ann. § 61-8-731(5) — 6 cases
State v. Oie (2007) mont “¶17 The proper subsection of § 61-8-731, MCA, to apply in this case is, as Oie argues, subsection (5) providing that the court “may continue the period of probation or require the defendant to serve the remainder of the probation sentence in one of the facilities set forth in…”
State v. Walker (2001) mont “*160 ¶2 The issue on appeal is whether the District Court erred in rejecting Walker’s constitutional challenge to § 61-8-731, MCA, on double jeopardy grounds when it revoked her probation and committed her to the Department of Corrections for the remainder of the original…”
State v. Sullivant (2013) mont
State v. Fode (2005) mont
T. Selage v. Bludworth (2024) mont
— Mont. Code Ann. § 61-8-731(6) — 2 cases
State v. Damon (2005) mont “Finally, he argues that the specific felony DUI sentencing provisions of § 61-8-731, MCA, conflict with the more general provisions of § 46-18-502(1), MCA, and should preclude enhancement of his sentence.”
State v. Gary Bradley (2011) mont
— Mont. Code Ann. § 61-8-731(7) — 2 cases
T. Selage v. Bludworth (2024) mont
State v. Moog (2016) mont
— Mont. Code Ann. § 61-8-731(l)(a) — 3 cases
State v. Damon (2005) mont “Finally, he argues that the specific felony DUI sentencing provisions of § 61-8-731, MCA, conflict with the more general provisions of § 46-18-502(1), MCA, and should preclude enhancement of his sentence.”
State v. Joseph Morrison (2008) mont
State v. Brooks (2010) mont
— Mont. Code Ann. § 61-8-731(l)(b) — 1 case
State v. Damon (2005) mont “Finally, he argues that the specific felony DUI sentencing provisions of § 61-8-731, MCA, conflict with the more general provisions of § 46-18-502(1), MCA, and should preclude enhancement of his sentence.”
— Mont. Code Ann. § 61-8-731(l)(c) — 1 case
Randy Dennison v. State (2008) mont
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.