DUI

DUI Lawyer in Montana

Gibson Perryman will vigorously defend your constitutional rights. Our attorneys fight for justice at the municipal, state, and federal levels daily. From everyday traffic citations to capital offenses, the attorneys at Gibson Perryman are here for you.

Enforcement never takes the possibility of a driver under the influence lightly. If enforcement suspects that you might be intoxicated, you could encounter a challenging journey ahead. Do not face the penalties that come with drunk driving alone. If you experience a DUI incident, reach out to our team of attorneys at Gibson Perryman. We will offer you the assistance of a DUI lawyer in Montana to guide you. Our team always consider the severity of these charges and the impact DUIs can have on families and friends. We want to ensure that we take care of the well-being of you and your family.

I Have Been Charged with Driving Under the Influence in Montana, What Are My Options?

If you have been charged with driving under the influence of a drug or intoxicant in Montana, you might be asking yourself what your next steps might be to resolve your DUI. Several factors are extremely important in determining how I, as your lawyer might work to resolve your DUI. It matters if you have had prior DUI charges in the past, and how those prior DUI charges were resolved. Your interaction with law enforcement officers also matters. If during your interaction
with law enforcement officers, you absolutely cooperated with law enforcement, you likely don’t have a very good triable issues to fight.

The way for you to create good, triable issues for trial is for you to not cooperate with law enforcement. In simple terms, you should deprive law enforcement and the prosecuting agency from having the ability to prosecute your case under
Montana law. If you refused to give blood, breath, or urine samples during the course and scope of the police investigation, good job. Physical evidence is the most important factor that the prosecuting agency uses to convict one of a DUI charge. Without it, prosecuting agencies will attempt to look to certain evidence which may or may not be admissible into evidence at trial. Your refusal to provide police with blood, breath, or urine samples will only serve to increase your negotiating power with the prosecuting agencies.

If you refused, your attorney should file a pleading with the Montana District Court in the county in which you were arrested to appeal your driver’s license suspension in the State of Montana. Filing this pleading in the Montana
District Court will give you an additional bargaining chip to negotiate with the prosecuting agency. Filing this pleading will unsuspend your driver’s license, and will allow you to drive as a normal citizen during the pendency of your DUI case.
In following with the narrative of your refusal to give physical evidence to police, that gives me, as your attorney, more leverage with the prosecuting agency to negotiate your case so that a DUI isn’t stuck to your record. Montana Code Annotated §61-8-1002 provides that “ (1) A person commits the offense of driving under the influence if the person drives or is in actual physical control of:
a.) A vehicle or a commercial motor vehicle upon the ways of this state open to the public while under the influence of alcohol, any drug, or a combination of alcohol and any drug;
b.) Noncommercial vehicle upon the ways of this state open to the public while the person’s alcohol concentration, as shown by analysis of the person’s blood, breath, or other bodily substance, is 0.08 or more;
c.) A commercial motor vehicle within this state while the person’s alcohol concentration, as shown by analysis of the person’s blood, breath, or other bodily substance, is 0.04 or more;
d.) A noncommercial vehicle or commercial motor vehicle within this state while the person’s tetrahydrocannabinol level, excluding inactive metabolites, as shown by analysis of the person’s blood or other bodily substance, is 5 ng/ml or more; e.) A vehicle within this state when the person is under 21 years of age at the time of the offense while the person’s alcohol concentration, as shown by analysis of the person’s blood, breath, or other bodily substance, is 0.02 or more.

(2) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person at the time of a test, as shown by analysis of a sample of the person’s blood, breath, or other bodily substance drawn or taken within a reasonable time after the alleged act, gives rise to the following inferences:
a.) If there was at that time an alcohol concentration of 0.04 or less, it may be inferred that the
person was not under the influence of alcohol;
b.) If there was at that time an alcohol concentration in excess of 0.04 but less than 0.08, that fact may not give rise to any inference that the person was or was not under the influence of alcohol, but the fact may be considered with other competent evidence in determining the guilt or innocence of the person; and
c.) If there was at that time an alcohol concentration of 0.08 or more, it may be inferred that the person was under the influence of alcohol. The inference is rebuttable.

(3) The provisions of subsection (2) do not limit the introduction of any other competent evidence bearing on the issue of whether the person was under the influence of alcohol, drugs, or a combination of alcohol and drugs. ”As stated in the Montana Code provided above, generally, the prosecuting agency must prove that you were in control of a motor vehicle, being operated on the highways and byways of the State of Montana, while under the influence of a drug or intoxicant. As
such, the best way for the prosecuting agency to prove that you were under the influence is by taking blood, breath, or urine samples. Depriving law enforcement of their ability to take such samples will promote your ability to fight your DUI, but also to retain your right to refuse again. The threshold that must be proven is that your were intoxicated over the statutory limit of 0.08.

If you happen to give law enforcement a blood, breath, or urine sample, and your sample is between 0.04 and 0.08, then the prosecuting agency can use that at trial against you as a presumption that you were drunk at the time that law enforcement stopped you. You, as a criminally accused of DUI might fall into several categories. Maybe you provided zero samples to law enforcement. Maybe you were forced to give a sample because you were involved in a motor vehicle accident. Maybe you voluntarily gave a sample to law enforcement. My defense of your case will depend on whether you did any number of the above.

The more evidence you voluntarily gave to law enforcement, the harder it will be for me to defend you in your DUI. The less evidence you gave to law enforcement, the better your outcome will likely be.

What Are My Possibilities for Resolution of My DUI?

If you did not give any evidence to law enforcement whatsoever, the more likely it will be that I will be able to either get the prosecuting authorities to either reduce your charge of DUI to a lesser included offense, or to have them dismiss it outright. Prosecutors HATE to dismiss charges, because it essentially means that the law enforcement agency that arrested you had no right whatsoever to arrest you or charge you with the offense they decided to charge you under. If there is no evidence to convict you under the Montana Code for DUI, I can explore possibilities to have the prosecuting agency reduce your offense from Driving Under the Influence to Reckless Driving, or Negligent Endangerment. If there is literally nothing, I would like to go for a complete dismissal. However, most prosecuting agencies do not opt for a dismissal, and you likely would have to push your case to trial to achieve that result.

If you opted to cooperate with law enforcement, and gave them blood, breath, or urine samples, your options are different. Don’t feel bad. Most people fall in this category. If you provided a blood, breath, or urine sample, and it is close to 0.08, then I have an arguable basis to reduce your charge from DUI to a lesser included offense. If you provided a blood, breath, or urine sample, and it is above a 0.08, then, I still might be able to argue for a lesser included offense, but it will be very important to see how you performed on your standard field sobriety tests, if any, and your interaction with law enforcement. If your blood, breath or urine tests indicate you had a blood alcohol content above a 0.10, then the prosecutor may offer a negotiated plea to a DUI Per Se, which means that you do not serve any jail time, Everything depends on the evidence that you voluntarily give to law enforcement.

If you have been charged with the offense of Driving Under the Influence of a drug or intoxicant in Montana, I will be happy to evaluate and work hard to achieve a goal commensurate with the facts of your case. I have litigated matters all over the State of Montana from Plentywood, Montana on the Eastern side of the State of Montana to Plains, Montana on the far Western side of the State of Montana and most literally, all places in between. Please feel free to contact me today to discuss how I might be able to resolve your DUI case in Montana today.

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DUI FAQs

What should I do immediately after being stopped for a suspected DUI in Memphis?

If you are stopped for a suspected DUI in Memphis, it’s important that you remain calm and cooperative while protecting your rights. First, you should provide your license, registration, and proof of insurance when requested. Avoid admitting to drinking or using substances, as anything we say could be used against you.

You can politely decline to perform a Field sobriety test if you feel uncomfortable or unsure, knowing that refusal may have legal consequences. It’s also important to request a DUI lawyer or DUI attorney as soon as possible to guide you through the process, explain your rights, and help develop a strong DUI defense strategy. If required, you may need to comply with a breathalyzer test or blood alcohol test, but having experienced legal representation ensures your rights are protected at every stage.

How can a DUI lawyer help me fight a DUI or DWI charge?

A DUI lawyer can be invaluable in helping you fight a DUI or DWI charge in Memphis. Our experienced DUI attorneys review the circumstances of your traffic stop, examine the accuracy of any breathalyzer tests or blood alcohol tests, and determine whether law enforcement followed proper procedures.

We challenge questionable evidence, negotiate plea agreements, and represent clients in court to seek reduced charges or penalties. Our team also advises on issues such as DUI license suspension, DUI Per Se allegations, and the installation of an Ignition interlock device when required. With a skilled DUI attorney on your side, you can protect your rights and minimize the long-term consequences of a DUI or DWI conviction.

What is an Ignition interlock device, and when is it required in Memphis?

An Ignition interlock device is a breath-testing system installed in a vehicle that prevents it from starting if the driver’s blood alcohol content (BAC) exceeds a set limit. In Memphis, these devices are often required for individuals convicted of DUI or DWI, especially for Aggravated DUI offenses, repeat offenders, or cases involving DUI Per Se violations.

Our DUI lawyer or DUI attorney can explain whether you are required to use an interlock device, help you comply with installation and monitoring requirements, and ensure that any related conditions are properly addressed in court. Using an Ignition interlock device allows you to maintain limited driving privileges while demonstrating responsibility and compliance with DUI penalties.

How accurate are breathalyzer tests and blood alcohol tests in DUI cases?

Breathalyzer tests and blood alcohol tests are common tools used to measure a driver’s BAC, but their accuracy can vary depending on the equipment, testing procedures, and circumstances at the time of the test. Factors like calibration errors, mouth alcohol, medical conditions, or improper sample handling can affect results.

A DUI lawyer or DUI attorney can review how these tests were administered, challenge potential inaccuracies, and determine if the results can be contested in court. Understanding the reliability of a breathalyzer test or blood alcohol test is a critical part of building a strong DUI defense in Memphis, helping us protect your rights and reduce the risk of severe penalties.

What is the difference between a standard DUI and Aggravated DUI in Memphis?

In Memphis, a standard DUI generally involves operating a vehicle under the influence of alcohol or drugs with a BAC at or above the legal limit, or while impaired enough to affect your driving. Penalties may include fines, license suspension, mandatory alcohol education programs, and possible jail time.

An Aggravated DUI, on the other hand, applies in more serious circumstances. This can include repeat DUI offenses, driving under the influence with a minor in the vehicle, or having an extremely high BAC. Penalties for Aggravated DUI are typically much harsher and may involve longer jail time, extended license suspension, higher fines, and stricter court-mandated programs.

A knowledgeable DUI lawyer or DUI attorney in Memphis can explain the differences, evaluate your case, and develop a DUI defense strategy to help minimize the consequences.

Can a Field sobriety test be refused, and what are the consequences?

In Memphis, you have the right to refuse a Field sobriety test, but doing so can carry consequences. Refusing the test may be used as evidence against you in court and can lead to administrative penalties, including a DUI license suspension.

It’s important to understand that law enforcement can still pursue other evidence, such as a breathalyzer test or blood alcohol test, to support a DUI or DWI charge. Consulting a DUI lawyer or impaired driving attorney can help you understand your rights, assess the potential consequences, and develop a DUI defense strategy tailored to your situation.

How does a DUI license suspension affect my driving privileges in Memphis?

In Memphis, a DUI license suspension can significantly impact your driving privileges. During the suspension period, you are legally prohibited from operating a motor vehicle, and driving while suspended can lead to additional penalties, including fines, extended suspension, or even jail time.

The suspension period may vary depending on whether it is a first-time DUI, a repeat offense, or an Aggravated DUI. In some cases, you may be eligible to request an ignition interlock device to regain limited driving privileges. Working with a DUI lawyer or DUI attorney can help you understand the specific terms of your suspension, explore options for restricted driving, and protect your long-term driving rights.

How do I find the best DUI lawyer or a DUI lawyer near me for my case?

To find the best DUI lawyer or a DUI lawyer near you in Memphis, it’s important to work with an attorney who specializes in DUI defense and has experience navigating local courts. A qualified DUI lawyer can assess your case, explain your legal options, and develop a defense strategy tailored to your situation.

Checking client reviews and scheduling a consultation can help ensure you choose an attorney who is both knowledgeable and responsive, giving you the best chance to protect your rights and driving privileges.