Appealing DUI License Suspension

Under Montana DUI law, if you refuse to submit to an alcohol concentration test, your license is automatically suspended. A defendant whose license is suspended or revoked, may appeal to the district court in the county where the alleged DUI occurred. The appeal must be filed within 30 days of the revocation.

At the hearing for the appeal, the district court considers a number of issues:

1) did the peace officer have “reasonable grounds” to believe the Defendant was Driving Under the Influence;

2) was the person under the age of 21 and placed under arrest for a violation of 61-8-410;

3) did the officer have probable cause to believe the person was Driving Under the Influence and involved in an accident resulting in property damage, personal injury, or death; and

4) did the defendant refuse to submit to a test designated by the officer.

At the time of the request for the test, the officer must carefully inform the defendant of the consequences of a refusal. A person’s first refusal will result in a suspension of six months. A second or subsequent refusal within five years of the previous refusal will result in a revocation of one year.

If your license is suspended for an implied consent refusal, you may not obtain a restricted or probationary license.

In your license has been suspended in the Kalispell or Flathead area, contact me today for a free case review. And remember, you only have 30 days to appeal the suspension.

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