Drunk driving defense is a specialized area, and shouldn’t be entrusted to an inexperienced lawyer. The skilled DUI attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com have the expertise needed to defend a drinking and driving arrest anywhere in Montana. An attorney who focuses on defending driving under the influence cases will provide a free consultation and outline a proven defense strategy designed to protect the driver’s rights.

Under Montana law, it’s illegal to drive with a blood alcohol content (BAC) of .08 percent or greater. Montana’s implied consent law dictates that everyone who drives a vehicle in the state has agreed to take a chemical test to determine BAC if lawfully arrested for drunk driving.

Montana DUI cases can also be pursued under the theory that the driver was under the influence, regardless of BAC. Montana drunk driving law declares that "under the influence" means that a driver’s ability to safely operate a vehicle has been diminished by alcohol or drug consumption.

Unlike most other states, Montana DUI law provides that everyone who drives in Montana has impliedly consented to give a Preliminary Alcohol Screening test (or PAS test) for the purpose of estimating the person's alcohol concentration. Refusal to take a PAS test can bring a license suspension for up to one year.

A conviction for driving under the influence carries harsh punishments, including fines, jail time, substance abuse treatment programs, driver’s license suspensions and revocations, and ignition interlock devices being installed. Ignition interlock devices are breath testing devices that are installed in a car, and prevent the car from being started unless the driver first demonstrates through a breath test that he or she is alcohol free.

Montana law significantly increases the punishment in drinking and driving cases where the driver had a BAC of .16 percent or greater. This is considered to be an aggravated DUI under Montana law.

Commercial drivers in Montana face additional punishment if convicted of a DUI or other drunk driving related crime. Montana DUI law calls for a suspension, and possibly a lifetime suspension, if a commercial license holder is convicted of drunk driving.

Prosecutors pursuing Montana DUI cases typically use evidence such as driving patterns, physical appearance, performance on field sobriety tests, and chemical test results in an attempt to prove that the driver was under the influence.

Although the evidence in a Montana driving under the influence prosecution may seem daunting, and the prospect of fighting the charges in court can seem frightening, it’s important to keep in mind that DUI cases can be fought and won. A skilled Montana attorney from 1.800.NOT.DRUNK and www.NotDrunk.com can provide a proven defense strategy designed to protect the driver’s rights and minimize or even eliminate negative consequences.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.