Montana
Montana Hit and Run Laws: Penalties and What to Do
Under Montana Code Annotated §§ 61-7-103 and 61-7-105, drivers must stop, share identifying information, and render aid after any accident. Leaving the scene is a misdemeanor for property damage or minor injury and a felony carrying 1 to 10 years in prison when the accident causes serious bodily injury or death.
Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Montana Car Accident Settlement Calculator.
📅 Last verified: January 2026. This page reflects current Montana Code Annotated §§ 61-7-103 through 61-7-105 and related provisions.
Quick Summary: Montana Hit and Run Laws
Under Montana Code Annotated §§ 61-7-103 and 61-7-105, drivers involved in any accident must immediately stop, provide required information, and render reasonable assistance to injured persons. Penalties range from a misdemeanor for property damage to severe felony charges for accidents involving serious injury or death.
- Property damage (first offense): Misdemeanor, up to 20 days jail, $300 fine
- Property damage (second offense within 1 year): Up to 30 days jail, $300 to $400 fine, or both
- Property damage (third or later offense within 1 year): Up to 6 months jail, $400 to $500 fine, or both
- Injury: 30 days to 1 year jail, $100 to $5,000 fine, or both
- Serious bodily injury or death: Felony, 1 to 10 years prison, up to $50,000 fine
- DUI vehicular homicide: Felony, up to 30 years prison, $50,000 fine
- Montana is an at-fault state
- You must notify police immediately and file a written report within 10 days (unless an officer investigated and reported) after a crash involving injury, death, or $1,000+ in property damage
- Montana has implied consent laws for drug and alcohol testing
Penalties for Hit and Run in Montana
| Offense Type | Classification | Maximum Jail/Prison | Maximum Fine |
|---|---|---|---|
| Property damage (first offense) | Misdemeanor | 20 days | $300 |
| Property damage (second offense within 1 year) | Misdemeanor | 30 days | $400 |
| Property damage (third or later offense within 1 year) | Misdemeanor | 6 months | $500 |
| Personal injury | Misdemeanor | 1 year (30-day minimum) | $5,000 ($100 minimum) |
| Serious bodily injury or death | Felony | 10 years (1-year minimum) | $50,000 |
| DUI vehicular homicide | Felony | 30 years | $50,000 |
Additional consequences: The court will revoke your driver's license upon conviction and may impose punitive damages in civil cases. Vehicular homicide is not a deferrable offense in Montana.
What the Law Requires
Montana Code Annotated § 61-7-103 requires a driver involved in an accident to stop, and § 61-7-105 sets out the duties that follow. If you are involved in a collision resulting in injury, death, or property damage, you must:
- Immediately stop your vehicle at the scene
- Provide your information to the other party, including your name, address, and vehicle registration number
- Show your driver's license upon request
- Render reasonable assistance to any injured person, including arranging transportation to a medical facility if necessary
- Make your stop without obstructing traffic more than necessary
- Remain at the scene until an on-duty peace officer with authority to investigate gives you express permission to leave
- Do these things yourself: the law says a driver may not delegate these duties to someone else
"The driver of any vehicle required to stop pursuant to 61-7-103 shall: (a) give the driver's name, address, and the registration number of the vehicle the driver is driving and shall upon request and if available show a driver's license"
Misdemeanor Hit and Run Offenses
Leaving the scene of an accident in Montana is a misdemeanor when:
- The collision results only in property damage
- The collision causes injury that is not "serious bodily injury" (punishable by 30 days to 1 year in jail and a $100 to $5,000 fine)
- You strike an unattended vehicle and fail to leave required information
Striking an Unattended Vehicle
If you hit a parked or unattended vehicle, you must first make a reasonable effort to locate the property owner. If you cannot find the owner, leave a note in a conspicuous location containing your name, address, and vehicle registration number.
Failing to locate the owner or leave a note is a misdemeanor. First offense carries up to 20 days in jail or a $200 to $300 fine. A second conviction within 1 year carries up to 30 days in jail, a $300 to $400 fine, or both, and a third or later conviction within 1 year carries up to 6 months in jail, a $400 to $500 fine, or both.
Reporting Requirements
Under MCA § 61-7-108, if a crash causes injury or death, involves striking the body of a deceased person, or causes apparent property damage of $1,000 or more, you must immediately notify the local police (inside a city), or otherwise the county sheriff or nearest highway patrol office, by the quickest means available. Under MCA § 61-7-109, you must also file a written report with the state within 10 days of a crash involving injury, death, or property damage over $1,000, unless a law enforcement officer investigated and reported the accident.
Felony Hit and Run Offenses
Hit and run becomes a felony in Montana when the accident results in:
- Serious bodily injury (as defined in MCA § 45-2-101): Bodily injury that creates a substantial risk of death, or causes (or can reasonably be expected to cause) serious permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ; the term also includes serious mental illness or impairment
- Death: Any fatality resulting from the collision
- Striking the body of a deceased person
The penalty is 1 to 10 years in state prison, a fine of up to $50,000, or both. The court will also revoke your driver's license.
DUI Hit and Run and Vehicular Homicide
Montana has strict laws regarding impaired driving accidents. Under Montana's "implied consent" law (MCA § 61-8-1016), you automatically consent to drug and alcohol testing when you operate a vehicle in the state.
Key points:
- Refusing a drug test: Automatic license suspension for up to one year
- Open container violation: Fine up to $100
- BAC threshold: The per se limit is 0.08% for drivers of noncommercial vehicles, 0.04% for commercial motor vehicles, and 0.02% for drivers under 21
- Vehicular homicide while under the influence: Up to 30 years in prison and $50,000 fine
Montana Code § 45-5-106 states: "A person commits the offense of vehicular homicide while under the influence if the person negligently causes the death of another human being while the person is operating a vehicle in violation of 61-8-1002."
Vehicular homicide is not a deferrable offense in Montana, meaning it cannot be dismissed through a deferred sentence program.
Dram shop liability: If you sell alcohol to a visibly intoxicated person or anyone under 21, you may be held liable for damages or injuries that person causes.
Montana Traffic Statistics
Montana has one of the higher traffic fatality rates in the nation:
- 2024: 203 traffic fatalities statewide
- 2025 (through late year): 189 fatalities, compared to 209 for the same period in 2024
- 2024 ranking: Montana had the 7th highest traffic fatality rate in the United States
- Unhelmeted motorcycle fatalities: 15 estimated in 2024, up from 10 in 2023
Montana does not have a universal helmet law. The Montana Department of Transportation's Vision Zero initiative aims to eliminate preventable traffic deaths through education, enforcement, engineering, and emergency medical services.
How Fault Is Determined in Montana
Montana is an at-fault state. The driver who caused the accident is liable for damages. However, you should not place blame on yourself at the scene. Statements like "I didn't see you" or "It was my fault" can be used against you.
Instead, provide a truthful account of events without admitting fault. Let investigators, insurers, or the court determine responsibility.
Modified Comparative Fault Rule
Montana uses a "modified comparative negligence" system. You may recover damages only if your percentage of fault is not greater than the other party's. Your compensation is reduced by your share of responsibility.
Example: If you suffer $100,000 in damages but are found 30% at fault, you can recover $70,000. However, if you are found 51% or more at fault, you cannot recover anything.
If the driver is never found: You may file a claim with your own insurance company under your uninsured motorist coverage. That claim runs through your own policy, so ask a Montana car accident lawyer for a free claim review of the uninsured motorist claim with your insurer (attorney advertising).
Statute of Limitations
- Personal injury claims: 3 years from the date of injury
- Wrongful death claims: 3 years from the date of death
- Property damage claims: 2 years
Possible Defenses to Hit and Run Charges
An accident becomes a crime in Montana only if you leave without fulfilling your legal obligations. Potential defenses include:
- Left to seek help: You departed to get emergency assistance and returned promptly (or this was the quickest way to help)
- Lack of knowledge: You were genuinely unaware that a collision occurred
- Fear for safety: You reasonably believed staying at the scene would put you in danger
- Mistaken identity: You were not the driver
- No injury or damage: The collision did not result in any injury or property damage
If you leave the scene for any reason, you must have a valid justification. Document your reasons carefully.
Frequently Asked Questions
How long do I have to report an accident in Montana?
If the crash causes injury or death or apparent property damage of $1,000 or more, you must notify law enforcement immediately, and you must file a written report within 10 days unless a law enforcement officer investigated and reported the accident.
What is "serious bodily injury" under Montana law?
Under MCA § 45-2-101, serious bodily injury is bodily injury that creates a substantial risk of death, or causes (or can reasonably be expected to cause) serious permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ. It also includes serious mental illness or impairment. Leaving the scene of a crash causing this kind of injury, or death, is a felony.
Can I refuse a drug or alcohol test after an accident?
Yes, but refusal results in automatic license suspension for up to one year under Montana's implied consent laws. This is separate from any criminal charges you may face.
What is Montana's BAC limit for DUI?
Montana's per se limit is 0.08% BAC for drivers of noncommercial vehicles. A 0.04% limit applies to drivers of commercial motor vehicles, and a 0.02% limit applies to drivers under 21. A driver can also be charged with DUI below these limits if impaired.
What should victims do after a hit and run in Montana?
If you are a hit and run victim: (1) Note as much information as possible about the fleeing vehicle and driver, (2) Call law enforcement immediately, (3) Document the scene with photos, (4) Seek medical attention, (5) Contact your insurance company, and (6) Consult an attorney about your options for recovery.
Related Resources
Official Sources:
- Montana Code Annotated § 61-7-105 (Duty to Give Information and Render Aid)
- Montana DOT Vision Zero Initiative
- Montana Crash Data
Other Montana Laws:
- Montana Recording Laws
- Montana Car Seat Laws
- Montana Statute of Limitations
- Montana Whistleblower Laws
More Montana Laws
Updates
Corrected Montana hit-and-run penalties (second and third offenses, injury minimums, the serious-bodily-injury felony tier), the DUI BAC limits, the current text of MCA 61-7-105, and the police notice and written report requirements.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Montana Code Annotated, Title 61
§ 61-7-103Accidents Involving Another Person Or Deceased PersonIn force
61-7-103. Accidents involving another person or deceased person. The driver of any vehicle who knows or reasonably should have known that the driver has been in an accident with another person or a deceased person shall immediately stop the vehicle at the scene of the accident or as close to the accident as possible but shall then return to and in every event remain at the scene of the accident until the driver has fulfilled the requirements of 61-7-105. Each stop at the scene of the accident must be made without obstructing traffic more than is necessary.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-7-105Duty To Give Information And Render AidIn force
61-7-105. Duty to give information and render aid. (1) The driver of any vehicle required to stop pursuant to 61-7-103 shall: (a) give the driver's name, address, and the registration number of the vehicle the driver is driving and shall upon request and if available show a driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with; (b) render to any person injured in the accident reasonable assistance, including the transporting or the making of arrangements for the transporting of the person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that the treatment is necessary or if transportation is requested by the injured person; and (c) if any person in the accident is injured, deceased, or otherwise incapacitated or if notice is required pursuant to 61-7-108, remain at the scene of the accident until an on-duty peace officer with authority to investigate the accident gives the driver express permission to leave.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2009
Opinions citing this section in our collection:
- State v. Thirteenth Judicial District Court (Montana Supreme Court 2009, 350 Mont. 465)“…er has fulfilled the requirements of 61-7-105. And, § 61-7-105, MCA, provides:…”
- State v. McDole (Montana Supreme Court 1987, 226 Mont. 169)“…ation of $ 61-8-401, MCA, driving under the influence, and 5 61-7-105, MCA, duty to give information and render ai…”
- State v. Zeltner (Montana Supreme Court 2000, 302 Mont. 504)“…name, address, license, and offering reasonable assistance. Section 61-7-105, MCA. Section 61-7-108, MCA provides that "[…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 61-7-118Penalty For ViolationIn force
61-7-118. Penalty for violation. (1) Except as provided in subsections (2) and (3), a person violating any provision of 61-7-103, 61-7-105 through 61-7-110, or 61-7-112 through 61-7-114 is guilty of a misdemeanor. Upon a first conviction, the offender shall be punished by a fine of not less than $200 or more than $300 or by imprisonment for not more than 20 days. For a second conviction within 1 year of the first conviction, the offender shall be punished by a fine of not less than $300 or more than $400, by imprisonment for not more than 30 days, or both. Upon a third or subsequent conviction within 1 year of the first conviction, an offender shall be punished by a fine of not less than $400 or more than $500, by imprisonment for not more than 6 months, or both. (2) A driver failing to comply with any provisions of 61-7-103 or 61-7-105 in an accident resulting in injury to any person shall upon conviction be punished by imprisonment for a term of not less than 30 days or more than 1 year, by a fine of not less than $100 or more than $5,000, or by both fine and imprisonment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2000
Opinions citing this section in our collection:
- State v. Clark (Montana Supreme Court 2000, 298 Mont. 300)“…98-152%20Opinion.htm suspended. 2. Under §§ 61-7-104 and 61-7-118, MCA (1993), a first offender convicted of a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 61-7-109Written Reports Of Accidents -- Additional Information -- Form Of ReportIn force
61-7-109. Written reports of accidents -- additional information -- form of report. (1) The operator of a motor vehicle that is in any manner involved in an accident within this state in which a person is killed or injured or in which damage to the property of a person in excess of $1,000 is sustained shall, within 10 days after the accident, report the matter in writing to the department unless the accident was investigated and reported by a law enforcement officer as provided in subsection (3). (2) The department may require the driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient and may require witnesses of accidents to render reports.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 61-7-108Immediate Notice Of AccidentsIn force
61-7-108. Immediate notice of accidents. The driver of a vehicle who knows or reasonably should have known that the driver has been involved in an accident resulting in injury to or death of any person, striking the body of a deceased person, or property damage to an apparent extent of $1,000 or more shall immediately by the quickest means of communication give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the office of the county sheriff or the nearest office of the highway patrol.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2017
Opinions citing this section in our collection:
- State v. Thomas (Montana Supreme Court 1988, 233 Mont. 451)“…have jurisdiction over a non-Indian charged with violating S 61-7-108, MCA, on an Indian reservation? Section 61-7…”
- State v. Kipp (Montana Supreme Court 1999, 295 Mont. 399)“…accident by the quickest means available, in violation of § 61-7-108, MCA (1995); failure to stop and iden…”
- City of Billings v. Edward (Montana Supreme Court 2012, 366 Mont. 107)“…sary. Edward was also convicted of Failure to Notify under § 61-7-108, MCA, which provides: The driver of a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 61-8-1002Driving Under InfluenceIn forcecited in 4 of our articles
61-8-1002. Driving under influence. (1) A person commits the offense of driving under the influence if the person drives or is in actual physical control of: (a) a vehicle or a commercial motor vehicle upon the ways of this state open to the public while under the influence of alcohol, any drug, or a combination of alcohol and any drug; (b) a noncommercial vehicle upon the ways of this state open to the public while the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.08 or more; (c) a commercial motor vehicle within this state while the person's alcohol concentration, as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance, is 0.04 or more; (d) a noncommercial vehicle or commercial motor vehicle within this state while the person's tetrahydrocannabinol level, excluding inactive metabolites, as shown by analysis of the person's blood or other bodily substance, is 5 ng/ml or more; (e) (i) a vehicle within this state when the person is under 21 years of age at the time of the offense while the person's alcohol concentration, as shown by analysis of the person's…
Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Montana decisions citing section 61-8-1002 have mostly addressed penalties for repeat offenses, not the elements. State v. Alford (2025) rejected a facial challenge to the mandatory minimum custodial sentence for a fourth felony DUI; State v. Trombley (2026) upheld imposing the $5,000 minimum fine and suspending it for inability to pay.
Opinions citing this section in our collection:
- State v. Trombley (Montana Supreme Court 2026, 2026 MT 77)✓Trombley was sentenced for a fourth or subsequent felony DUI under this section; the court held the sentence legal because the judge weighed his finances before imposing the 5,000 dollar minimum fine set by the separate penalty statute and then suspended that fine in full.
- State v. C. Post (Montana Supreme Court 2025, 2025 MT 215)✓A jury convicted Post of a third offense DUI under section 61-8-1002(1)(b); told he lived on disability and social security, the judge imposed a 3,000 dollar fine and surcharges without asking about his ability to pay, and the court reversed for a new sentencing hearing.
- State v. L. Loera (Montana Supreme Court 2025, 421 Mont. 390)“…Socheath’s seat belt use. The 3 Since recodified at § 61-8-1002, MCA. 2021 Mont. Laws ch. 498, § 2.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana DUI Laws: Penalties, BAC Limit & License (2026), E-Scooter Laws by State: Sidewalk, Helmet & Age Rules (2026), Montana E-Scooter Laws: Sidewalk, Helmet & Age Rules (2026)
§ 61-8-1016Implied Consent -- Tests For Alcohol Or Drugs -- Refusal To Submit -- Administrative Suspension Of LicenseIn force
61-8-1016. Implied consent -- tests for alcohol or drugs -- refusal to submit -- administrative suspension of license. (1) (a) A person who operates or is in actual physical control of a vehicle or commercial motor vehicle upon the ways of this state open to the public is considered to have given consent to a test or tests of the person's blood, breath, or oral fluid for the purpose of determining any measured amount or detected presence of alcohol or blood or oral fluid for the purpose of determining any measured amount or detected presence of drugs in the person's body. (b) The tests in subsection (1)(a) include but are not limited to a preliminary alcohol screening test of the person's breath for the purpose of estimating the person's alcohol concentration. (c) A preliminary alcohol screening test may not be conducted or requested under this section unless both the peace officer and the instrument used to conduct the test have been certified by the department pursuant to rules adopted under the authority of 61-8-1019(5).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Clinkenbeard (Montana Supreme Court 2025, 421 Mont. 137)“…tand why, let’s begin at the beginning. ¶17 At issue is § 61-8-1016, MCA, which governs how a law enforcement of…”
- Kalafat v. State (Montana Supreme Court 2026, 2026 MT 81)“…both tests. Pursuant to Montana’s implied-consent statute, § 61-8-1016, MCA, Deputy Seder seized Kalafat’s driver’…”
- State v. D. Hesser (Montana Supreme Court 2024, 417 Mont. 84)“…Section 61-8-402, MCA (2019), has since been recodified as § 61-8-1016, MCA.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Montana Code Annotated, Title 45
§ 45-2-101General DefinitionsIn forcecited in 9 of our articles
45-2-101. General definitions. Unless otherwise specified in the statute, all words must be taken in the objective standard rather than in the subjective, and unless a different meaning plainly is required, the following definitions apply in this title: (1) "Acts" has its usual and ordinary meaning and includes any bodily movement, any form of communication, and when relevant, a failure or omission to take action. (2) "Administrative proceeding" means a proceeding the outcome of which is required to be based on a record or documentation prescribed by law or in which a law or a regulation is particularized in its application to an individual. (3) "Another" means a person or persons other than the offender. (4) (a) "Benefit" means gain or advantage or anything regarded by the beneficiary as gain or advantage, including benefit to another person or entity in whose welfare the beneficiary is interested. (b) Benefit does not include an advantage promised generally to a group or class of voters as a consequence of public measures that a candidate engages to support or oppose.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 54 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Smith (Montana Supreme Court 2004, 322 Mont. 206)“…n the intended victim of the serious bodily injury. ¶34 Section 45-2-101, MCA, defines “another” as, simply, “a perso…”
- State v. Haser (Montana Supreme Court 2001, 304 Mont. 63)“…other person." Under the general definitions provided under § 45-2-101, MCA, "sexual intercourse" includes "penetra…”
- State v. Stevens (Montana Supreme Court 2002, 311 Mont. 52)“…ingness to act, pursuant to §§ 45-5-501(1)(b)(ii) and 45-2-101, MCA, which defines “physically helpless.” H…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Self-Defense Laws: Stand Your Ground & Castle Doctrine (2026), Stand Your Ground States: Rules in All 50 States and DC, Castle Doctrine States: Rules in All 50 States and DC
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Sources and References
- Mont. Code Ann. § 45-5-106: vehicular homicide while under the influence(leg.mt.gov).gov
- Mont. Code Ann. § 61-8-1016: implied consent(archive.legmt.gov).gov
- Mont. Code Ann. § 61-7-118: penalty for violation(mca.legmt.gov)
- Mont. Code Ann. § 61-7-105: duty to give information and render aid(mca.legmt.gov)
- Mont. Code Ann. § 61-7-108: immediate notice of accident(mca.legmt.gov)
- Mont. Code Ann. § 61-7-109: written reports of accidents(mca.legmt.gov)
- Mont. Code Ann. § 61-8-1002: driving under the influence (BAC limits)(mca.legmt.gov)
- Mont. Code Ann. § 45-2-101: definitions (serious bodily injury)(mca.legmt.gov)
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