Montana law provides for immediate and automatic suspension and revocation of a driver’s license if you refuse to comply with a valid request for a Alcohol Content (AC) Test. This could be either a Portable Breath Test (PBT) at the scene, or a more technical and accurate test at the station, or a blood test [...]
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 [...]
Joshua Larson was charged with Driving Under the Influence in District Court in Missoula, Montana. He appealed his DUI/DWI conviction to the Montana Supreme Court, who affirmed the District Court. While making a traffic stop in Missoula, officers witnessed Larson squeal his tires through an intersection. One of the officers followed Larson, observed that he [...]
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 [...]
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 [...]
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 [...]
A New Hampshire man was arrested for DUI, but only convicted of a lesser offense because of his body type. Now many are questioning the validity of field sobriety tests. Jaimil Choudhry, 20, of North Hampton is 5 feet 10 inches tall and weighs 230 pounds, which meets the clinical definition of obesity. While police [...]
As a kid, I wanted to be a lawyer – and for some reason decided it would be important for me to memorize the Miranda warning. So I paid close attention to Law & Order, Cops, and any other show where criminal suspects were “read their rights.” And here’s what I memorized: You have the [...]
Field sobriety tests (FSTs) encompass several roadside tests used to determine whether a suspect is impaired by alcohol or drugs. They are often performed on DUI suspects to assist an officer make the decision whether to arrest the driver. In theory, these tests directly assess impairment by focusing on the skills needed to be a [...]
