A panel has sent a series of amendments to Montana’s DUI law that would be significantly more strict. The panel has stated that they are looking to crack down on drunk driving, which probably means trouble for innocent drivers in Kalispell. According to this article in the Helena Independent Record, the proposals would increase the [...]
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 [...]
In order to stop a vehicle in Montana, a police officer must make a determination of particularized suspicion. This is based on what the officer has observed and must be articulable facts that the person or occupant of the vehicle has committed, is committing, or is about to commit an offense. Officers cannot stop you [...]
The Fathead Beacon published an article online today which addresses the changes occurring throughout Montana in relation to drinking and driving. It starts by recounting Montana’s history of being lenient on DUI. Perhaps it was a part of the old-west mentality left behind, perhaps just the reality of thousands of miles of highway with such a small [...]
In Montana, municipal courts have jurisdiction for first and second DUI offenses. This means that if you are charged with DUI within Columbia Falls city limits, your DUI case will take place in Columbia Falls city court. If the arrest takes place outside any city limits, then Flathead County has jurisdiction and your case will [...]
State v. Matson, 2010 MT 162N – Noncite Opinion In order to stop a vehicle, police officers must have a particularized suspicion that the driver has committed, is committing, or is about to commit an offense. In State v. Matson, the Montana Supreme Court addressed whether an officer had sufficient cause to form a particularized [...]
The combination of alcohol and caffeine in a single beverage may lead to an increase in DUIs in the Flathead Valley and all of Montana. Drinks like Sparks, Wide Eye, and Smirnoff Raw Tea can hide the intoxicating effects of alcohol, possibly leading to an increase in drunk driving and other destructive behavior. The last [...]
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 [...]
