DUI

DUI Attorney Montana

Gibson Perryman will vigorously defend your constitutional rights. Our attorneys fight for justice at the municipal, state, and federal levels daily. From everyday traffic citations to capital offenses, the attorneys at Gibson Perryman are here for you.

Accused of DUI in Montana?

Trust Gibson Perryman’s Experienced DUI Attorneys to Protect Your Rights.

If you are facing DUI charges in the state of Montana, you need a DUI defense attorney who understands the complexity of the law and the impact it can have on your life. The attorneys at Gibson Perryman bring over a combined century of legal experience to the table, providing you with aggressive defense tailored to your unique case.
Whether this is your first DUI charge or you are facing more serious charges, our experienced attorneys are here to help you navigate the legal process. We’ll fight to reduce the penalties, secure a favorable outcome, and protect your future.

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What Is a DUI in Montana?

A DUI (Driving Under the Influence) in Montana refers to operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. Montana law defines alcohol impairment by a blood alcohol concentration (BAC) of 0.08% or higher for drivers over the age of 21. Montana law defines marijuana impairment by a how many nanograms of marijuana per milliliter is in your blood. The threshold for marijuana impairment is 5 ng/ml. However, DUI charges can also stem from drug impairment, including prescription medications, marijuana, or other controlled substances.

Montana DUI laws are strict, and a conviction can lead to severe penalties that affect your criminal record, finances, and driving privileges. It’s important to have an experienced attorney on your side who understands Montana’s laws and will fight to protect your rights.

DUI Penalties in Montana

The penalties for a DUI conviction in Montana vary depending on the number of prior offenses and the severity of the charge. First-time offenders, repeat offenders, and aggravated DUI charges all carry different penalties.

Penalties for First-Time DUI Offenses in Montana:

• Jail time: A minimum of 24 hours in jail but may be extended depending on aggravating factors.
• Fines: Up to $1000 in fines.
• License suspension: Driver’s license suspension for a minimum of one year.
• Probation: Up to 11 months and 29 days of probation.
• Community service: A minimum of 24 hours of community service.
• Alcohol education classes: Mandatory alcohol safety classes.

Subsequent Offenses:

• Repeat offenses carry harsher penalties. For example, a second DUI offense within 10 years can lead to 7 days in jail as a minimum, along with increased fines and longer license suspensions.
• Aggravating Factors: If your DUI involves a collision, property damage, or injury, you may face additional penalties, including longer jail sentences, larger fines, and more extensive probation. A DUI with a BAC of 0.16% or higher is considered an aggravated DUI and can result in felony charges.

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Will My DUI Be on My Permanent Record?

Yes, if you are convicted of a DUI in Montana, it will stay on your criminal record permanently. While you may be able to have your record expunged under certain circumstances after a significant amount of time, a DUI conviction typically stays with you.

A DUI conviction can affect your ability to get certain jobs, especially those that require driving or working with vulnerable populations. It can also impact your ability to get loans, insurance, and other services. That’s why it’s crucial to fight DUI charges with the help of a skilled attorney who understands the legal system and will work toward minimizing the long-term consequences.

DUI vs. DWI in Montana: What’s the Difference?

In Montana, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably. However, Montana primarily uses the DUI charge.

The difference between DUI and DWI in other states typically refers to the type of impairment—DUI for alcohol and DWI for drugs. In Montana, the DUI charge applies to both alcohol and drugs.

If you’re a minor (ages 16-21), you may be charged with a DWI if you are driving with a BAC of 0.02% or higher. For adults aged 21 and older, DUI applies if your BAC exceeds the legal limit of 0.08%.

What to Do After a DUI Arrest in Montana

If you are arrested for DUI, it’s important to follow these steps to protect your rights and your future:

1. Stay Calm and Cooperative: Do not resist arrest. Cooperate with law enforcement but refrain from making self-incriminating statements. You have the right to remain silent, and you should exercise that right.
2. Contact an Experienced DUI Attorney Immediately: The sooner you contact an attorney, the sooner they can begin working on your defense. At Gibson Perryman, we offer free consultations, and we can discuss your case in detail to determine the best course of action.
3. File an Appeal of the Suspension of your Driving Privileges in District Court: In Montana, your driver’s license is automatically suspended if you are arrested for DUI. If you refused to give a breath or blood sample, you must file an Appeal within 30 days of your arrest to challenge the suspension. Our attorneys can assist you with this process.
4. Document All Details: Write down everything you remember about the arrest and your interactions with law enforcement. This information will be invaluable to your defense.

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Can I Get My Driver’s License Back After a DUI?

Yes, it is possible to get your driver’s license reinstated after a DUI conviction in Montana, but you must fulfill all of the following requirements:

• Complete the required penalties, such as jail time, fines, probation, and alcohol safety classes.
• Serve the mandatory suspension period, which is usually one year for a first offense.
• Apply for reinstatement, pass a driver’s exam, and complete any required rehabilitation programs.

In some cases, you may be eligible for an Essential Purposes Driver’s Permit to drive to work, school, or medical appointments after a portion of your suspension period.

Is DUI a Felony in Montana?

DUI offenses in Montana are typically misdemeanors, but there are situations where a DUI can be classified as a felony:

• Fourth DUI offense: A fourth DUI within 10 years is a felony offense.
• Aggravated DUI: A DUI offense with a BAC of 0.16% or higher is considered aggravated DUI, which can be classified as a felony.
• Child endangerment: If you are driving under the influence with a child under 18 in the vehicle, you may be charged with felony child endangerment.
• Vehicular assault or homicide: If your DUI causes a serious injury or fatality, you could be charged with vehicular assault or homicide, both felony offenses.

Frequently Asked Montana DUI/DWI Questions (FAQs)

1. What is the legal BAC limit for DUI in Montana?
   In Montana, the legal limit for blood alcohol concentration (BAC) is 0.08% for drivers aged 21 and over. For commercial drivers, the legal limit is 0.04%. For drivers under 21, any detectable amount of alcohol can result in a DUI charge, even a BAC of 0.02%.
2. How long will my license be suspended if I am arrested for DUI in Montana?
   For a first-time DUI offense in Montana, your driver’s license will be suspended for at least one year. The suspension period may be longer if you have prior offenses or other aggravating circumstances, such as causing an accident or being found with a high BAC.
3. Can I avoid a DUI conviction in Montana?
   While every DUI case is unique, there are several defenses our attorneys may use to reduce or dismiss charges, such as challenging the legality of the traffic stop, disputing the accuracy of BAC tests, or arguing the impairment level. It’s crucial to work with a skilled attorney to explore all possible defenses.
4. What should I do if I’m stopped for suspicion of DUI?
   If you’re stopped by law enforcement for suspicion of DUI, remain calm and be polite. You are required to provide your driver’s license, registration, and insurance. However, you do not have to answer questions beyond that or submit to field sobriety tests. Refusing a breathalyzer test can result in a license suspension, but it can also be a strategy in your defense.
5. Can I get an essential purposes driver’s license after a DUI?
   Yes, it may be possible to obtain an essential purposes driver’s license after your DUI suspension, allowing you to drive to work, school, or medical appointments. This is typically available after serving part of your suspension period, but certain conditions must be met, such as completing alcohol education programs and paying fees.
6. Can a DUI be expunged from my record in Montana?
   A DUI conviction in Montana cannot be expunged. However, if you were arrested but never convicted, there may be options for record sealing or other legal steps to remove the arrest from your record. Consult with a qualified attorney for more information about your situation.
7. What is an aggravated DUI?
   An aggravated DUI in Montana occurs when a driver’s BAC is 0.16% or higher or when there are additional aggravating factors such as having a child passenger, causing an accident resulting in injury, or having prior DUI convictions. Aggravated DUIs carry more severe penalties, including longer jail time and larger fines.
8. What are the consequences of a second or third DUI offense?
   For a second DUI offense within 10 years, you face greater penalties, such as longer license suspension, higher fines, longer jail time, and additional probation requirements. A third DUI offense can lead to even harsher penalties, including longer jail sentences and mandatory rehabilitation programs. A fourth DUI offense is considered a felony and can result in a lengthy prison sentence.
9. Can I be charged with DUI for driving under the influence of drugs?
   Yes, in Montana, you can be charged with DUI for driving under the influence of any impairing substance, including prescription drugs, over-the-counter medications, and illegal drugs. If law enforcement suspects drug impairment, they can request a drug test in addition to or instead of a breathalyzer test.
10. What happens if I refuse a breathalyzer test?
    Refusing a breathalyzer test in Montana will result in an automatic suspension of your driver’s license for 6 months for a first offense. For subsequent refusals, the penalties increase. However, there may be situations where refusing the test could work in your favor during a DUI defense. If you do refuse to give a breath or blood test, the law enforcement official will likely seize your driver’s license. However, if you hire an attorney, then an appeal of your driver’s license suspension can be filed in the District Court, and your license will likely be returned to while your DUI case is being litigated.

Why Choose Gibson Perryman for Your DUI Defense?

At Gibson Perryman, we understand the serious consequences of a DUI conviction and are committed to providing top-tier legal representation. We believe in protecting the rights of our clients and will fight tirelessly to reduce or eliminate your charges.

Here’s what you can expect when you hire us:

• Experienced Attorneys: With nearly 100 years of combined legal experience, we are experts in Montana DUI law.
• Aggressive Defense: We will explore every avenue to challenge your case, including questioning the legality of the traffic stop, the accuracy of breathalyzer tests, and other critical factors.
• Personalized Service: We believe every case deserves personal attention, and we will work directly with you throughout the process.
• Clear Communication: We keep you informed at every step, ensuring you understand your options and feel confident in the decisions being made.

Contact Gibson Perryman Today for a Free Consultation

If you’re facing DUI charges in Billings, Montana, or anywhere in the state, Gibson Perryman is here to help. Don’t let a DUI conviction control your future. Contact us today for a free consultation and take the first step toward defending your rights and securing the best possible outcome.

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