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In Montana, Driving Under the Influence of Drugs (including marijuana) or Alcohol (DUI), also known as Driving While Intoxicated (DWI) is a crime that is classified as either a misdemeanor or a felony offense.

 

Potential penalties range from a fine of $600 to up to 5 years in prison depending upon the number of offense and whether or not any aggravating factors exist - such as a crash involving serious bodily injury. 

If an officer has a reasonable suspicion that you are driving under the influence of either drugs or alcohol, he may request either a breath or a blood sample.  In Montana, you have given your implied consent to this testing by operating a motor vehicle on the public roadways.  Consequently, if you refuse to submit to a breath or blood test, your driving privileges may be suspended by the State of Montana.  However, if your driver's license is suspended as a result of your refusal, you may file a petition to challenge the suspension within 30 days of your arrest. 

Further, your driver's license will be suspended as a result of any conviction for DUI.

We can help you determine whether or not you were lawfully charged with driving under the influence and whether the officers investigating the charge followed proper procedure and rules for obtaining any evidence collected.  We have successfully had numerous DUI charges either dismissed or reduced and have a solid track record of maintaining our client's ability to legally drive in Montana and elsewhere.