Find a Montana DUI Lawyer

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If you have been arrested for a Montana DUI, Driving Under the Influence, or any charge of drunk driving, the police officer will confiscate your license immediately if you refuse to submit to chemical testing or your chemical test result shows a BAC of .08% or more. You will then be issued a temporary license by law enforcement. You then have 30 days in which to request an Administrative Hearing with the Montana Department of Justice, Motor Vehicles Division Drivers Services. If you fail to request this hearing in a timely manner, or if you fail to file the appropriate forms in the precise manner required, you will lose your only chance to save your license from an Administrative Revocation. You will lose your license even if you do not go to trial on the DUI charge, or even if you are found not guilty on the DUI charges.

Click on the appropriate county and fill out the free form or call us at 1-866-995-9510 and we'll help you find a Montana DUI Lawyer who will champion your rights.

Beaverhead

Flathead

McCone

Roosevelt

Big Horn

Gallatin

Meagher

Rosebud

Blaine

Garfield

Mineral

Sanders

Broadwater

Glacier

Missoula

Sheridan

Carbon

Golden Valley

Musselshell

Silver Bow

Carter

Granite

Park

Stillwater

Cascade

Hill

Petroleum

Sweet Grass

Chouteau

Jefferson

Phillips

Teton

Custer

Judith Basin

Pondera

Toole

Daniels

Lake

Powder River

Treasure

Dawson

Lewis and Clark

Powell

Valley

Deer Lodge

Liberty

Prairie

Wheatland

Fallon

Lincoln

Ravalli

Wibaux

Fergus

Madison

Richland

Yellowstone


Implied Consent
Montana DUI law states that everyone who drives in Montana not only has given "implied consent" for blood alcohol content (BAC) tests, but also to a Preliminary Alcohol Screening Test (PAS) for estimating the driver's alcohol concentration when stopped. Refusal to take the PAS or the BAC test provides a "consciousness of guilt: which is admissible in court and can also result in a license suspension for up to one year.


Montana DUI - Driving Under the Influence

Driving under the influence (DUI) of alcohol, drugs or both is more than illegal; it can be deadly.

In Montana there are a number of laws related to impaired driving, but here are a few basics:

  • At this time, the alcohol concentration limit in Montana is .08, with the number referring to grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. For drivers under the age of 21 it is .02.
  • Drivers in Montana are considered to have given consent to blood or breath tests to determine the presence of alcohol or drugs. An arrested person may refuse to submit to such a test, but Montana law then allows a peace officer to seize the driver license. The license may then be suspended or revoked and the length of the suspension depends on whether it is a first refusal or second or subsequent refusal.
  • The penalties for a first-offense drunk-driving conviction include up to six months in jail and a fine of up to $1,000. Parts of the imprisonment may be suspended, pending the completion of a court-ordered chemical dependency program.
  • Vehicles may be forfeited on the second or subsequent DUI.
  • A fourth or subsequent DUI is a felony.

The Montana DUI statutes begin at 61-8-401 of the Montana Code Annotated

Refusal to submit to a chemical test results in immediate suspension of your driver's license. Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 6 months, with no provision for a restricted probationary license. Once a person refuses to submit to the chemical test requested, the officer will immediately seize the person's driver's license and forward it to the Department of Motor Vehicles. The officer will also issue the driver a temporary driving permit, which becomes effective 12 hours after issuance, and remains valid for 5 days following issuance. The driver is also given written notice of the license suspension, along with notice of a right to a hearing. A driver who wishes to invoke his or her right to a hearing must do so within 30 days after notice is given by the officer.

source: http://www.doj.mt.gov/driving/drivingsafety.asp

If you have received a Beaverhead County DUI, Big Horn County DUI, Blaine County DUI, Broadwater County DUI, Carbon County DUI, Carter County DUI, Cascade County DUI, Chouteau County DUI, Custer County DUI, Daniels County DUI, Dawson County DUI, Deer Lodge County DUI, Fallon County DUI, Fergus County DUI, Flathead County DUI, Gallatin County DUI, Garfield County DUI, Glacier County DUI, Golden Valley County DUI, Granite County DUI, Hill County DUI, Jefferson County DUI, Judith Basin County DUI, Lake County DUI, Lewis and Clark County DUI, Liberty County DUI, Lincoln County DUI, Madison County DUI, McCone County DUI, Meagher County DUI, Mineral County DUI, Missoula County DUI, Musselshell County DUI, Park County DUI, Petroleum County DUI, Phillips County DUI, Pondera County DUI, Powder River County DUI, Powell County DUI, Prairie County DUI, Ravalli County DUI, Richland County DUI, Roosevelt County DUI, Rosebud County DUI, Sanders County DUI, Sheridan County DUI, Silver Bow County DUI, Stillwater County DUI, Sweet Grass County DUI, Teton County DUI, Toole County DUI, Treasure County DUI, Valley County DUI, Wheatland County DUI, Wibaux County DUI, Yellowstone County DUI, or any type of drunk driving or driving under the influence in Montana, let us help you find a qualified Montana DUI lawyer fast.

Our Montana Criminal Defense Lawyers have proven track records in representing those accused of drunk driving. Getting expert legal help with your Montana DUI can be affordable and easy. Many of our Montana DUI Lawyers offer a free initial case evaluation and flexible payment options.

Montana Drivers Information:
Motor Vehicle Department: http://www.doj.mt.gov/driving
DUI Laws: http://www.doj.mt.gov/driving/drivingsafety.asp
Driver's Manual (.pdf): http://www.doj.mt.gov/driving/forms/25-1500.pdf

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