Montana Title 45. Crimes § 45-5-107. Aggravated vehicular homicide while under the influence

(1) A person commits the offense of aggravated vehicular homicide while under the influence if the person causes the death of another human being while the person is operating a vehicle in violation of 61-8-1002(1)(a), (1)(b), (1)(c), or (1)(d) and in violation of aggravated driving under the influence as defined in 61-8-1001.

(2) Aggravated vehicular homicide while under the influence is not an included offense of deliberate homicide as described in 45-5-102(1)(b).

(3) A person convicted of aggravated vehicular homicide while under the influence shall be imprisoned in a state prison for a term of not less than 3 years or more than 30 years or be fined an amount of at least $10,000 not to exceed $50,000, or both.  Imposition of a sentence may not be deferred.  The court may not suspend execution of the first 3 years of a sentence of imprisonment imposed under this subsection except as provided in 46-18-222(1) through (5).