Montana Drunk Driving Defense Attorneys
- Billings
- Arndorfer Law Firm:
DUI ALLEGATIONS
The charge of driving under the influence is very serious allegation. It will follow you for the rest of your life. The question is often asked in questionaires for Life or Health Insurance applications, along with many other types of applications.
Montana has passed a Felony DUI statute that makes it a felony offense if you have ever had three previous convictions in your lifetime. When people say it "stays on your record" for five years, this is simply not true. It is always there. For puposes of first, second or third offense it is within five years. For points toward a Habitual Traffic Offender it is points within three years. However, for being of record, it is always there.
Montana has a similar crime, called Driving with a Blood Alcohol Content of .08 or more. It has all the same implications, including points toward Habitual Traffic Offender and being counted in first, second or third offenses of either charge. The only difference is mandatory jail time.
- Bozeman
- Peeler Law Office:
You may be intertwined in the criminal process, bewildered by allegations, not knowing which way to turn. You are entitled to notice and an opportunity to be heard in defense of criminal allegations asserted against you. Criminal procedures entitle you to fair and just consideration under the law. Understanding your rights and proper investigation of the underlying facts of your case are crucial in obtaining fair and just treatment in the criminal justice system.
- Great Falls:
- Mark Bauer:
All lawyers involved in the criminal justice process, whether they are prosecuting or defending, must adhere to a complex set of rules of criminal procedure to ensure a fair trial. Because of this complicated procedure, only lawyers experienced in criminal defense law can effectively navigate the intricacies of the criminal justice system on behalf of the accused. Defense lawyers should become involved in the matter as early as possible, usually even before police interrogation begins. The police have the obligation to inform possible defendants of their right to counsel and the right to have counsel appointed by the court if they cannot afford to pay for one with their own resources. Most people have seen these warnings-often called "Miranda" warnings based on the case that made them mandatory-in television "cop" shows and crime dramas.
- Kalispell
- Lane Bennett:
If you or your loved one has been charged with driving under intoxication (DUI) or driving while intoxicated (DWI) charge, it might seem hopeless.
There are different punishments for 1st offense, 2nd offense, and 3rd offense, which are all misdemeanors. A 4th offense constitutes a felony DUI. There is a Juvenile DUI law for people under 18 -- the punishment can be as little as 30 days without a license. There is also an Under 21 DUI for people between 18 and 21. DUI is different from DUI per se, which makes it illegal to drive with a Blood Alcohol Level (BAC) over .08. The ramifications are slightly different for DUI and DUI per se, in terms of jail time and possible fines. You can refuse a breathalyzer test or a field sobriety test, however a refusal can raise certain adverse consequences as well. Any refusal for breath or blood test will lead to automatic drivers license suspension, and all convictions carry different penalties for suspension.
- Sherlock & Nardi:
Only an experienced DUI defense attorney who has had years of jury trial experience will be able to spot favorable issues and present them to a prosecutor, judge, or jury. Also, make sure your attorney has Continuing Legal Education credits from attending current DUI seminars such as those put on by the National Association of Criminal Defense Lawyers.
- Anderson Law Firm:
If a person refuses the breath test his or her license will be suspended for a
period of 6 months and revoked for a period of 1 year for a second or
subsequent refusal. For refusal a probationary license may not be obtained.
Under limited circumstances a petition may be filed with the District Court to
request return of the drivers' license.
- Missoula:
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