Conditions of Release in a Montana DUI Case

When a Montanan accused of DUI is released from custody before trial, it is common practice to require they pay bail. The money given to the Court for bail is held to encourage the defendant to continue to make all his appearances and not leave the jurisdiction before trial. If he fails to do so, the Court keeps the bail money and a warrant is issued for his arrest.

The same power that allows the Court to set bail, also allows the Court to set certain conditions of release. Some common requirements are:

  • that the defendant not change his residence without first notifying the Court;
  • that the defendant not change his phone number or mailing address without first notifying the Court;
  • that the defendant maintain contact with his attorney;
  • that the defendant authorize his attorney to notify the Court if contact has been lost;
  • that the defendant remain law abiding in all respects;
  • that the defendant not consume alcoholic beverages;
  • that the defendant not enter bars, taverns, casinos, or any other establishment where alcoholic beverages are served as a main item of sale;
  • that the defendant not have contact with anyone alleged to be a victim of the incident;
  • that the defendant submit to continuous alcohol monitoring by means of a secure continuous remote alcohol monitoring system (SCRAM); and
  • that the defendant not possess firearms of any type.

These are just a general list of some common limitations. The Court may impose different restrictions on a case by case basis, depending on the specifics of a persons offense. The limitation on firearms is often not imposed for DUI defendants because the nature of their crime doesn’t involve guns. However, for  a DUI case in Montana, you can be virtually sure that one condition will be that you not consume any alcohol during your release, and that you avoid bars. Exceptions can be made for employment purposes – but working in a bar is a tough way to convince the prosecutor that you won’t be tempted by alcohol in the future.

If you have been subjected to release restrictions and have questions about them, please call me today to schedule a free meeting. My number of 406-752-6373 and I would be happy to discuss this or any other issue related to Montana DUI with you.

Call Now for a Free Case Review and Consultation
(406) 752-6373

or Click Here to Contact me Online