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In Montana, you have
30 days to act!

In Montana, you only have 30 days for your attorney to request a hearing to contest your license suspension. Failure to do so will result in an automatic suspension with no further recourse available.

Did You Know?

Each year there are over 4,000 citizens arrested for DUI in Montana. Some of them choose to ask their nephew who just graduated law school to handle their DUI case.

Nobody makes good choices 100% of the time. Don't take chances. Contact an experienced local DUI attorney for a free consultation.

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Information on DUI in Montana

Request a hearing within 30 days or automatically lose your license

If you’ve been charged with a DUI in Montana, this is probably your first DUI offense, and more likely your first arrest offense of any kind.  The chances that you are familiar with all of the DUI laws on the books are remote.  Because of the public’s awareness of the dangers of drunk driving, legislators have scrambled to pass more aggressive laws against it.  As a result, the laws present a complex web that most people are unable to decipher.  Anyone who is facing a DUI in today’s world needs to be represented by an attorney experienced in local DUI defense.  Nationally, as well as in Montana, the practice of defending DUI cases has evolved into a specialized field of law practice, as designated by the American Bar Association. A lawyer with specific DUI skills will be aware of the details of the law, as well as how to defend against the scientific evidence that will be presented against you. When you are searching for an attorney, you will want to ask about their experience in defending DUI cases.   You should ask how many of their clients plead guilty as charged.  The answer should be zero, since you can do that for free.  Attractive plea bargains can eliminate jail, minimize fines, and get your license back quickly, but the prosecutor will never offer those terms without being pushed by an aggressive DUI attorney familiar with the options.  You should contact an attorney right away for a free consultation on your case, so your questions can be answered.  And your peace of mind can return.

The law in Montana dictates an arrest for anyone driving with a BAC (blood alcohol content) of .08 or higher, prosecuted under the state’s per se law.  Note that this cause for arrest has nothing to do with driving ability or impairment.  You could be pulled over for another infraction and subsequently fail the breath test.  Because Montana is an implied consent state, the assumption is that you agree to take a breath or chemical test to determine your alcohol concentration.  However, Montana also applies this law to the roadside test, which most other states do not.  If you refuse the test, your license will be suspended for an extended period of time with accompanying penalties.  There is another way to be arrested for DUI in Montana which has nothing to do with your blood alcohol content.  It is merely by the opinion of the officer, who, through observation, has determined that you are under the influence and impaired to a legal extent.

With a DUI conviction, you’ll have a permanent criminal record which can affect your family and your career in addition to the loss of your driver’s license and your freedom.   This is not a time to call just any attorney.  Don’t take a chance on your future.  Reach out to a local Montana DUI lawyer right away for a free consultation.  The sooner you find a skilled DUI attorney, the more time they’ll have to study and prepare for your case.

MONTANA is a member of the
INTERSTATE DRIVER'S LICENSE COMPACT

If you are arrested outside your home state, be sure to ask your attorney how this law will impact you.

The penalties listed below are called for by statute, are not complete, and can often be removed or reduced significantly with the assistance of a local Montana DUI attorney.

FIRST OFFENSE
• Incarceration – minimum 24 hours up to 12 months
• Fines – up to $2,000 plus court costs
• License Suspension – 6 months; reinstatement fee $50
• Insurance – SR22 high-risk driver insurance required for 3 years; necessary before license reinstatement

ADDITIONAL COSTS AND CONSEQUENCES
• Bail – set by the court, required for release
• Towing – tow fee $75 to $100 plus daily storage fees
• Insurance – you will be designated as a high risk driver and your insurance will increase significantly.  Expect your rates to double or more.
• Record – DUI conviction will remain on driving record permanently
• Employment – offender may lose time off work and possibly even their job.
• Immigration and travel – restrictions can apply for  foreign travel, including Canada

Additional offenses and considerations will bring significantly higher penalties including up to 5 years in prison and $10,000 in fines.  Don’t take a chance with your freedom.  It is highly recommended that you contact a qualified DUI attorney right away for a FREE CONSULTATION on your case. 

Montana Counties


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