DUI LAWYER
Driving under the influence (DUI) charges in Montana include:
alcohol,
drugs, and
medical marijuana.
As a Montana DUI lawyer, Emma recognizes the complexities of Montana DUI law requirements.
Having completed the National Highway Traffic Administration Standardized Field Sobriety Test Student Course, she is trained in DUI detection and administration of standardized field sobriety tests. She will affirm that your constitutional rights were upheld during the incident and that your case is valid.
Emma is one of the few DUI attorneys in Bozeman, MT with this training, giving her the expertise to meticulously screen videos and other evidence to verify you were given proper instructions during the standardized field sobriety tests and were treated fairly during questioning and arrest.
Having an experienced attorney is important for the best outcome for your Montana DUI charge, whether it be through trial or a plea offer. However, Emma will also assist at the initial appearance, where you enter a plea and the judge sets the conditions of release, and the other two or three hearings necessary to resolve your case.
TYPES OF DUI CHARGES IN MONTANA
FELONY DUI DEFENSE
DUI in Montana is a stackable offense, meaning a fourth or subsequent DUI is a felony, and a felony DUI carries a greater punishment than a misdemeanor. The number of years between the DUI convictions is not relevant in Montana for a third or subsequent DUI. The law states the mandatory penalty for a felony DUI in Montana is at least thirty days in jail and a fine.
The circumstances of your case may qualify you for an alternative to thirty days in jail, but more importantly, a reduction of your charge. If you received a prior DUI in another state, Emma will evaluate that state’s DUI laws to ensure your Montana DUI was properly charged.
MISDEMEANOR DUI DEFENSE
A first, second, or third DUI is a misdemeanor in Montana. A DUI is a second offense if you have a prior DUI within ten years. A DUI is a third offense however, if you have two prior DUIs regardless of the number of years between them.
The penalty for a first, second, and third DUI varies greatly. It is important to have an attorney review your DUI and your criminal history to make sure the charge is correct.
Depending on the state where your prior DUIs are from, the prior may or may not count as a prior. DUI laws can vary from state to state, so it is important to have an attorney with experience in comparing and arguing different state DUI laws.
DUI FIRST OFFENSE
If you accept a plea offer or are convicted of DUI, first offense, you will have a mandatory 24 hours in jail, a fine, the victim impact panel, and alcohol counseling and treatment. You will not get credit for time served after your arrest, unless you were at the detention center for at least 24 hours.
Many clients worry that their driving privileges will be revoked, and there is a possibility of retaining your driving privileges, with certain restrictions and for a fee.
DUI PER SE
DUI Per Se charges carry zero jail time, so sometimes a regular DUI will be amended to a DUI per se in the plea offer stage, depending on the circumstances of your case. The mandatory minimum by law for a DUI first offense is twenty-four hours in jail, so an amendment to DUI Per Se first offense is a great outcome for a DUI offense.
Both types of DUI involve license restrictions, alcohol counseling and treatment, and a victim impact course, but avoiding jail time is only associated with a per se.
REFUSAL CHARGE
If you refused the breath test during the police officer’s DUI investigation, you must petition the district court for reinstatement of your driving privileges within 30 days of your arrest. If you don’t, you will not have any driving privileges for six months to a year.
If you were charged with a refusal, it is critical to have a DUI attorney assist you in having your driving privileges reinstated within the required timeframe. You have five days after you were charges as a grace period for driving. After five days, you are not legally licensed to drive absent the order reinstating driving privileges from the district court.
WHY HIRE A DUI DEFENSE ATTORNEY?
Having a Montana DUI attorney review your case for possible defenses could save time and money in the long run. Felony DUI defense is important to avoid unnecessary jail time.
Hiring an attorney will ensure that your constitutional rights were protected during the initial traffic stop and the following DUI investigation. For example, a police officer is not required to read your Miranda rights in a roadside DUI investigation. However, an officer must read your Miranda rights if you are detained and being interrogated. An officer must have probable cause that a crime was committed to arrest you, and either probable cause or an exception to the warrant requirement to search your vehicle or your person.
If you think your traffic stop or even your search and seizure was illegal, then talking with an attorney and having the attorney review the video footage of the investigation may greatly help the outcome of your case.