Bigfork, MT DUI Attorney

As a native of Bigfork myself, I understand what it’s like to be caught on the outskirts of “town.” Surrounded by incorporated cities, the village of Bigfork occupies an interesting place in Flathead County’s legal landscape. Unlike Kalispell, Whitefish, Columbia Falls, and Polson, which all have their own city courts, Bigfork is (legally speaking) just a part of the county. And depending on how you define Bigfork’s boundaries, you may find yourself in Flathead or Lake county.

A DUI in Bigfork will be prosecuted in a county court (meaning Justice Court or District Court) in either Flathead or Lake County. As I have discussed before, whether a DUI is in Justice Court or District Court generally comes down to how many prior convictions a person has and whether this offense is a felony DUI or misdemeanor. And remember, the DUI conviction does not have to be from Montana. Drunk driving convictions from other states will count as well.

The important thing to remember, is that driving in Bigfork is no different than driving anywhere else in Montana. Operating a vehicle while under the influence of alcohol or drugs is against the law in unincorporated townships and metropolitan cities alike. If you have been accused of Driving Under the Influence in Bigfork, it is important that you protect yourself and your rights. I can help. Call today for a free initial consultation to discuss your specific situation with a DUI attorney who can give you information and guidance.

SCRAM Bracelet

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 is fallible, there should be limits to its use.

Montana is one of 46 states using SCRAM technology. The SCRAM bracelet has become a typical part of DUI Court treatment programs, like the Kalispell Municipal DUI Court. The cost of using the bracelet is put on the offender, but often keeps them out of jail. Nationwide, the cost ranges from $12-$15 per day.

But the technology used by SCRAM bracelets is not perfect, and should not be relied on as the sole evidence used to send someone to jail. As a tool to encourage sobriety, and help Court monitor a defendants treatment, the bracelet can be beneficial to everyone involved.

Kalispell DUI Court

Kalispell Municipal Court operates the only DUI Court in Flathead County. DUI Courts are an attempt to reduce drunk driving by habitual offenders who are not typically affected by education or public safety efforts, nor by traditional legal sanctions. A DUI Court is optional and up to the defendant. If a person chooses to use the DUI Court, he or she enters into a contract that allows the Court to impose long-term changes in behavior by treatment of underlying substance abuse issues.

Treatment for chemical dependency is a major part of the DUI Court approach. It typically involves the SCRAM bracelet for 30 to 90 days, urine analysis, EtG blood testing, and frequent breath testing at court appearances, home visits, and treatment sessions.

A progressive system of incentives and sanctions discourages continued alcohol use by increasing accountability and access to other services. Ideally, this helps the defendant achieve sobriety, learn pro-social behaviors, and become a productive member of society.

Repeat offenders are the primary target of Montana DUI Courts and the Kalispell DUI Court in particular. Kalispell’s Court is overseen by Kalispell Municipal Court Judge Heidi Ulbricht and held in her courtroom at Kalispell City Hall. It has been a Montana DUI Court since 2008 when the program began in the Flathead Valley.

Libby, MT DUI Attorney

A person charged with Driving Under the Influence in Libby, MT may face misdemeanor or felony DUI charges depending on facts specific to each offense. The charges may be filed in Libby city court, Lincoln County Justice Court, or Lincoln County District Court. Misdemeanor charges can be heard in city and justice court, while felony charges must take place in District Court.

Libby City Court is for misdemeanor DUIs which take place in Libby City limits. A drunk driving conviction in Libby City Court, or any city court, is very serious. A conviction is a permanent part of your criminal history and subjects you to the same penalties as in another court.

A DUI trial in Libby operates under the same rules as the rest of Montana. It occurs in the courtroom, and involves a judge. Testimony, evidence and arguments are admitted by attorneys and guilt or innocence is determined by a judge or jury. Some people believe that city court charges are somehow less important or serious that other courts. This is not true. You must protect your rights in city court as in Justice Court or District Court. DUI convictions in Libby are a serious matter and worth addressing.

As with any DUI charges, I offer a free consultation for defendants in Libby City Court or Lincoln County Justice or District Court. Call today to schedule a free appointment.

Helping Drunk Drivers?

As a Montana criminal defense attorney and DUI defense lawyer, I often get asked how I can justify what I do. The person who asks this question always seems to think that I am making the world a more dangerous place for Montana drivers, by ensuring that dangerous people aren’t punished for their drunk driving. The answer to that question is complex, and has a lot to do about my role in a larger system.

That’s why I was glad to see Justin McShane’s post on the PA DUI Blog, which I think is a terrific answer to a tough question. Justin writes:

Please keep in mind this important fact, I do not make the decisions about who is guilty and not guilty of a crime.  Judges and juries make these decisions.  My only job is to present the facts of the case and ensure that the prosecution has met its burden of proof of guilty beyond a reasonable doubt.  I have tried hundreds of DUI cases and not once has a judge dismissed a case just because they liked me.  Every single case that has been dismissed, withdrawn or found not guilty, has been because of a legal issue that warrants that action.

…

In reality, defense attorneys work hard to protect their clients from false prosecution.  If you doubt the dark reality of false prosecutions, please take a look at the Innocence Project and see how many people have been exonerated.  The nature of DUI cases and the heavy reliance on intangible evidence makes these cases especially prone to mistakes.

These are the things I try to remind people of when I’m accosted for what I do. Thankfully, any legal charges (especially for DUI), must be proven in a Court of law. My job is to represent my clients in the best way possible to make sure all their rights are protected and the state plays fair.

I sleep just fine at night, thank you very much.

Montana DUI Per Se

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 used to make an assessment of a person’s skills. But the results of the tests are subjective and can be argued about. This makes the state’s job tougher when trying to convict citizen’s accused of DUI. In response to this, a DUI per se was created.

A per se violation is based on a legal assumption. The DUI law in Montana assumes that if your blood alcohol level is at .08 or above, you are too impaired to safely operate a vehicle. It makes no difference whether you are actually impaired, it only matters what level of alcohol is present in your blood according to a test. A Montana DUI per se is a strict liability offense. The state does not need to prove that you were a danger behind the wheel, only what your B.A.C. was at the time.

Proving B.A.C. generally comes down to the result of a breath or blood test administered by a police officer. As I’ve discussed on here before, these results can be skewed by any number of factors, and despite what they would have you believe on TV: are not always accurate. This is why discussing your situation with a Montana DUI attorney is so important, especially one with experience. A per se violation is very difficult to defend unless your attorney is familiar with the technical requirements of Field Sobriety Tests, Particularized Suspicion, and Breathalyzers.

Montana ACT Program

DUI charges in Montana, no matter the outcome, will often involve a requirement that you take the ACT class. In fact, conviction for DUI per se requires that you take a state approved alcohol or dangerous drugs information course. The course must be provided by a certified chemical dependency counselor. The ACT program is a common way to meet that requirement in Montana. The ACT program stands for ASSESSMENT, COURSE, and TREATMENT.

ASSESSMENT: this is the evaluative portion of the program. It is used to identify chemical use patterns of DUI offenders and to make appropriate recommendations for education and treatment.

COURSE: this is the educational portion of the program. The DUI educational component must include a minimum of 4 educational sessions totaling at least 8 hours. The curriculum needs to cover 4 major topics: review of the law and consequences, physiological/neurophysiological effects of alcohol or other drugs, social and psychological implications of alcohol, and self assessment.

TREATMENT: a referral to the ACT class contains a requirement that the defendant complete any recommended treatment. The need for treatment services must be documented and verified through assessment and state approved patient placement procedures. Treatment may be provided by the treatment program conducting the ACT program or through a referral to another treatment program.

Even if your case ends in a plea agreement wherein you plead to a lesser offense, the prosecutor and judge may still require that you complete the ACT program. To complete the class, you must enroll by the date specified by the Court. If no date is specified, you must enroll within 10 days of the ACT program’s receipt of the Court referral. From there, you must start the course within 30 days of the program’s receipt of the referral, and must complete the program in a minimum of 30 days from the date of enrollment, but no longer than 90 days from the date of the enrollment.

DUI Drugs in Montana

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 the Influence. Montana law specifically states that a prescription for a drug is not a defense to DUI. Obviously, a combination of alcohol and drugs can also lead to DUI charges.

Obviously, charges and conviction for DUI Drugs involve a slightly different process than when the charges simply involve alcohol. While a breathalyzer can supposedly detect the amount of alcohol in a person’s blood, it does nothing for narcotics. Instead, a blood test is required to establish the amount of a drug in a person’s system.

Likewise, police officer’s often rely on the “smell” of alcohol on a person’s breath to establish the probable cause necessary to extend a traffic stop. Prescription drugs give off no odor, so the officers have to rely on other indicators to establish a reasonable suspicion. These indicators are often subtle and very subjective, giving your attorney grounds for challenges at trial.

Charges for DUI drugs are complicated and technical. As with all criminal charges, it is a good idea to obtain legal guidance specific to your situation. If you have been accused of Driving Under the Influence of Drugs in Montana, I offer a free consultation to discuss your situation. Please call today to schedule an appointment.

Prescription not a defense.

Drunk Driving in Kalispell

If you are arrested for Drunk Driving in Kalispell, Montana, you could find yourself in any one of a number of different courts. If you were arrested by Kalispell City Police for DUI within Kalispell city limits, you will likely be charged in Kalispell City Court with Judge Heidi Ulbricht. If you are arrested by County or State Officers, like the Flathead County Sheriff’s Department or the Montana Highway Patrol, you will be tried in Flathead County Court, meaning either Flathead Justice Court or Flathead District Court.

Almost certainly, the initial appearance for a DUI will be in Justice Court. At this hearing, you will be advised of your rights and often enter a plea of guilty or not-guilty. I almost-always recommend that people plead not-guilty at this stage.

Whether your charges are a misdemeanor DUI or a felony DUI will determine where your case goes from there. Misdemeanor DUIs are tried in Justice Court, while felony DUIs take place in District Court. For a standard DUI, whether your charges are misdemeanor or felony depend on the number of past convictions for DUI you have. A first, second, and third DUI in Montana is a misdemeanor offense. A fourth or subsequent DUI in Montana is a felony.

It is important to realize that Drunk Driving charges can have lasting effects on your life and should be treated very seriously. While it may be tempting to quickly plead guilty and have the whole affair over with, the quick fix now may haunt you for the rest of your life.

I offer a free initial consultation for people charged with DUI in Montana, and would be happy to discuss your case with you at no charge. Please consider calling me today at (406) 752-6373.

Barkus Pleads No Contest to Boating Under the Influence

Under a recently reached plea agreement, Kalispell state Sen. Greg Barkus will plead no contest to felony criminal endangerment for his part in the August 2009 boat crash on Flathead Lake that injured five people.

The plea agreement sets a 3 year deferred sentence and dismisses the other two felony charges of negligent vehicular assault. Before it becomes final Judge John McKeon of Malta must approve it.

Tthe deferred sentence could end in18 months if there are no violations. Also, Barkus will be required to pay the state $4,000 in restitution.

The agreement is signed by Barkus, Glazier and Flathead County Attorney Ed Corrigan. The original charges against Barkus, stemming from allegations that he was Boating Under the Influence of Alcohol, carried a possible sentence of 30 years in prison.