In State v. Gieser, the Montana Supreme Court recently reversed conviction on charges of DUI based on ineffective assistance of counsel. But this case is really about how important it is to get professional representation in a DUI case. Many lawyers view DUI cases in Montana as basic, and the type of thing that anyone [...]
In State v. Weer, recently decided by the Montana Supreme Court, Mr. Weer appealed the District Court’s decision to not reinstate his driver’s license. As we’ve discussed before, refusal to submit to a preliminary breath test in Montana results in the automatic suspension of your driver’s license. This is based on the Montana implied consent [...]
When a person is pulled over and the officer conducts a DUI investigation, he is looking for one main thing: evidence that you are impaired by alcohol or drugs. But, the officer has a number of disadvantages regarding the accuracy of his investigation. The first is that he is unaware of what your normal faculties [...]
SCRAM stands for Secure Continuous Remote Alcohol Monitor. It continuously monitors your sweat for the presence of alcohol to see if you’ve been drinking. When it detects alcohol, it notifies authorities that you are in violation. In Montana, it can be used to help monitor repeat DUI offenders. But, because the science it relies on [...]
A traditional DUI is the operation of a motor vehicle while impaired by alcohol or drugs. This is a relatively subjective assessment with no bright line rule. Determining whether you are “impaired” requires an assessment of your skills that is difficult to make and even harder to prove. The results of Field Sobriety Tests are [...]
Montana DUI law prohibits operating a vehicle “under the influence of alcohol or drugs.” While we usually think of a DUI as involving alcohol, in Montana it could also be drugs (even if you have a prescription). Any substance that impairs your ability to safely operate a vehicle can lead to a charge of Driving [...]
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 [...]
If an officer has stopped you (because he had a particularized suspicion) he will then watch for any indications that you are under the influence of alcohol or drugs. Assuming that there are some indications, the officer will then perform a Preliminary Screening Test. These tests come in a number of different formats, and carry [...]
The Daily Interlake had this story involving a Flathead County Sheriff charged with DUI: Flathead County Sheriff’s Corporal Bruce Parish was ticketed and released by the Kalispell Police Department after a report that a transient had been run over at the VFW on First Street West. Parish registered a blood-alcohol level of .165 — more [...]
When a driver suspected of DUI is stopped in Montana, the officer will determine whether there is a particularized suspicion to believe that the driver is intoxicated. If the driver has such a suspicion, he may ask the driver to submit to a preliminary alcohol screening test (PAST). This is what is commonly called the [...]
