IN THE ______________________
(Justice Court, Justice Court of Record, Municipal Court, City Court, City Court of Record)
 COUNTY OF _____________________, STATE OF MONTANA
                  (County)   

State of Montana

vs. 

___________________________________
		Defendant.	
Case No:   	_____________________

Sentence 
Driving Under the Influence

1.	 Prosecutor ________________________ appeared.
2.	Defendant	 appeared in person	 appeared by video	 failed to appear
				 in custody	 represented self
	 Defendant’s lawyer _________________________ appeared.
3.	Defendant pleaded guilty and was found guilty of:
Charge	MCA/ORD	Description	
1			
2			
3			

4.	 The court finds Defendant voluntarily, intelligently, and unequivocally waived his/her rights. The court finds the offense happened in _________________ jurisdictional limits, and there is a sufficient factual basis for the guilty plea. 
Factual Basis:  ______________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
IT IS ORDERED: 
1.	The court   suspends on conditions   defers on conditions
2.	The charges are to run  concurrent   consecutive   N/A
3.	This case is to run  concurrent    consecutive to  TK-________-___________   N/A
4.	The court retains jurisdiction for a period of ____________________________________.
5.	Each sentence requirement is a separate mandate and is also a condition of a suspended or deferred sentence.

6.	Jail/Work Program/House Arrest.   
	Charge 1:  ___________________________________	
	The Defendant must serve: 
			Sentenced to	_________________ detention center
					_________________ house arrest
			Suspended	_________________
			Must Serve	_________________
	Charge 2:  ___________________________________	
	The Defendant must serve: 
			Sentenced to	_________________ detention center
					_________________ house arrest
			Suspended	_________________
			Must Serve	_________________
	Charge 3:  ___________________________________	
	The Defendant must serve: 
			Sentenced to	_________________ detention center
					_________________ house arrest
			Suspended	_________________
			Must Serve	_________________

7.	Fines / Restitution/ Costs.  The Defendant must pay
Charge 1:  ___________________________________		
Fine	$		
Restitution	$		
Jail  Fees	$		
Public Defender Fees (see separate order)	$		
Court Costs 	$		
Suspended	$		
Credit Time Served	$		
Charge 1 SUB-TOTAL	$		

Charge 2:  ___________________________________		
Fine	$		
Restitution	$		
Jail  Fees	$		
Court Costs 	$		
Suspended	$		
Credit Time Served	$		
Charge 2 SUB-TOTAL	$		

Charge 3:  ___________________________________		
Fine	$		
Restitution	$		
Jail  Fees	$		
Court Costs 	$		
Suspended	$		
Credit Time Served	$		
Charge 3 SUB-TOTAL	$		
	
Charge 1 Sub-Total	$		
Charge 2 Sub-Total	$		
Charge 3 Sub-Total	$		
TOTAL	$		
	To pay in full by 5:00 pm
	Signed agreement to pay or appear	

8.	Alcohol / Drug Assessment and Treatment.  (See separate referral).	
  Defendant must enroll, attend, and complete ACT (assessment, course, and treatment).  
  A certified chemical dependency counselor must evaluate defendant.  
  Defendant must complete all recommended treatment. 
  Treatment is mandatory for a 2nd and subsequent conviction for driving under influence.

9.	Driver license suspension.
Driver Improvement may take administrative action and suspend Defendant’s driver’s license.   If suspended, Defendant must pay a reinstatement fee to driver’s improvement.  The current reinstatement fee for a driving under the influence charge is $200.00.
  Defendant is eligible for a provisional license 
		 Immediately		 after 45 days		after 90 days
 Defendant is NOT eligible for a provisional license.  

10.	Interlock or other court approved alcohol testing program (See separate referral)
 	Defendant must install interlock on any vehicles he/she drives
 	Defendant must enroll this court-approved alcohol testing program ______________________________________________________________________________

11.	Vehicle Forfeiture.
 Defendant was not granted a provisional license and all vehicles Defendant owns must be forfeited.
  Defendant states that he/she does not own any vehicles.
  Defendant states that he/she owns the following vehicles:
	______________________________________________________________________________
	______________________________________________________________________________
	______________________________________________________________________________
  The Prosecutor must initiate forfeiture proceedings.

12.	Defendant must:
  Obey all laws:  local, state and federal.
  Notify the Court of any address or phone changes.
  Pay all financial obligations as required by this sentence.
  Complete alcohol education classes and all recommended or required treatment.
  Complete traffic school.
  NOT drive until legally licensed to do so.
  NOT drive without liability insurance.
 Maintain full time employment.  

13.	No Alcohol Possession or Consumption.	
  	Defendant must not possess or consume alcohol or drugs (unless by prescription).
  	Defendant must not be in any bar or casino. 

14.	No Gambling.	
  Defendant must not gamble.  For example, Defendant must not play the lottery, play any casino games, participate in office sport pools, or bet on horseracing.
  Defendant must not be at any casino or area in any existing business whose primary purpose is to provide gambling.
	  Exception:  Defendant may be at a casino or other gambling business when working.  Defendant must not be at the location when off shift.  

15.	Alcohol and Drug Testing. (See Separate Referral)
	 Alcohol testing  (Random   EtG      Sober Link   24/7       or      SCRAM)	
	 Drug testing	
Defendant is eligible for early release on _____________________________.  Defendant must file a compliance report from the organization giving the testing and a written motion asking to be released.  Defendant will remain on testing until the court approves Defendant’s written request.

16.	Recovery Programs.	
  Defendant must attend _______ meetings per ___________ of a recovery program dealing with 
  Alcohol		  Drug	  Gambling		  Other:  _______________________
 
Defendant must file the Recovery Attendance Report 
	 each __________________ or appear in court the following ______________ at _______a.m.   
	each month on ____ of month or appear in court the following ______________at _______ a.m. 
  
17.	Community Service.
  Defendant must perform ____________ hours of community service.  
  Defendant must complete a minimum of __________ hours per month.  
  Community Service must be completed by _____________________.
  Community Service Work Log must be filed by the ________ of each month or defendant must appear in court _______________________________________________________________.
  Community Service Work Log must be filed on or before completion date.
	
18.	Bond.
 Defendant’s bond is exonerated.

19.	Bond Conditions.
 All bond conditions are no longer in effect. 

20.		_________________________________________________________________________
	___________________________________________________________________________
	___________________________________________________________________________
	___________________________________________________________________________

NOTICE AND WARNINGS TO THE DEFENDANT:
1.	If this written judgment differs from the sentence the judge said orally, you must file a Motion to Change the Sentence with the Court within 120 days.  After 120 days, the sentence is presumed correct.
2.	If you fail to comply with this sentence, the court may suspend your driver’s license, may revoke your suspended or deferred sentence, and may issue an arrest warrant.

DATED:				
			Judge	

cc:	____________	 City Prosecutor 	 Defendant’s lawyer __________________________
 			 Defendant 		 __________________________________________