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July 03, 2009
Drunk-Driving
             
 
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Welcome to Montana DUI Attorney.com

 

 
Did You Know?    
 
 
In a DUI arrest, depending on the state, the officer will order you to take either a breath or blood test
If you fail (or refuse to take) a breath test, the arresting officer will take your license, and give you a yellow temporary license (Notice/Sworn Report/Temporary License). If your license was valid, the temporary license will be valid for 30 days from the date of arrest. In a blood test, the officer will send the Notice/Sworn Report / Temporary License to the DMV to issue a temporary license by mail.

 

Driving under the influence (DUI) of alcohol, or "drunk driving," in Montana is by far the most commonly encountered offense in the courts today. In 2002, it is estimated that nearly 17,500 people were killed in automobile collisions involving alcohol. According to the National Highway Traffic Safety Administration (NHTSA), this represents 41 percent of the 42,815 people killed in all traffic accidents and crashes that year.

 
Montana Drunk Driving BAC Related Deaths    
 
 
Motor Vehicle Fatalities Involving High Blood Alcohol Concentration in Montana
Total fatalities 1995 215
Fatalities involving high blood alcohol 79
Percent 37
Total fatalities 2000 237
Fatalities involving high blood alcohol 92
Percent 39

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration, National Center for Statistics and Analysis, Traffic Safety Facts 2000:
 

Defending against a charge of drunk driving in Montana is tricky business. A Montana DUI defense attorney needs to understand scientific and medical concepts, and must be able to question tough witnesses including scientists and police officers.

If you want to fight your drinking and driving charge in Montana, you're well advised to hire an attorney who specializes in these types of cases. They may be able to get you off the hook, or lessen the fine or punishment imposed.

The laws concerning "drunk driving" have changed radically over recent years. A person arrested today for driving under the influence of alcohol ("DUI", also referred to as "DWI" or driving while intoxicated) faces complicated criminal procedures and a potentially devastating punishment that can be more severe than a penalty handed down in a felony case.

An experienced attorney who specializes in blood alcohol analysis and drunk driving cases can effectively handle criminal and administrative proceedings. It is an unfortunate fact, however, that many general practitioners or general criminal attorneys attempt to represent clients with little or no training or experience in this very complex field and the results are disastrous.

Drunk Driving Punishments

The punishment in drunk driving cases is set forth by state statute and can be incredibly complex. The basic statute determines the range of possible sentences, with modifications for such things as:

  • Having a prior conviction within seven years
  • Speeding 20 mph over the limit
  • Having a child under 14 in the car
  • Having a blood alcohol content reading over .20%
  • Refusing to submit to chemical testing

Within the range, the actual sentence in a drunk driving case will be affected by:

  • The facts of the case
  • Any policies of the local court and prosecutors
  • The weaknesses in the case uncovered by the defense attorney
  • The reputation of that attorney
  • All of this is independent of a DMV suspension, which is determined separately and which can be very complicated.

Contact a DUI Lawyer in Montana now!

 
Montana Audio & Video    
 
  DUI Not Grounds for Deportation, High Court Rules
Audio, RM, 44 Kbps, 3:33, 11/9/2004

The Supreme Court rules that driving under the influence is not a crime of violence that can occasion deportation, finding unanimously that the law requires that the defendant showed intent to injure.
Source: National Public Radio
 
 
Montana External Sites    
 
 

NTL Catalog: State of Montana impaired driver assessmen
Subject Keywords:, Montana; Drunk driving programs; Drunk driving laws. Abstract:, In its on-going pursuit of the goal of reducing alchol-related tra
Zero-Tolerance Laws To Reduce Alcohol-Impaired Driving
Michigan, Minnesota, Missouri, Montana,. Nebraska, New Hampshire, New Jersey, New ... eligible for Section 410 drunk driving incentive grant ...

 


  Newsroom  
 


News about DUI & Drunk Driving cases in Montana and nationwide:

ADL Welcomes Mel Gibson's Apology To The Jewish Community
New York, NY, August 1, 2006 … The Anti-Defamation League (ADL) today accepted actor Mel Gibson's apology for anti-Semitic remarks he made during a...
Read more >


New CDC Study Shows Stronger State Prevention Activities May Discourage Alcohol-Impaired Driving
Strong state activities designed to prevent driving under the influence (DUI) may reduce the incidence of drinking and driving, according to a new ...
Read more >


DeFronzo to Be Honored by Mothers Against Drunk Driving
Following a session in which he championed the recently signed "Steven's Law," a law strengthening Connecticut's drunk driving laws and named for a...
Read more >


More DUI Drunk Driving News >

 
 

Drunk Driving Terms

 


Today's Terms

OUI

Definition:
OUI is operating or attempting to operate a motor vehicle while under the influence of intoxicants. "Intoxicants" are any substance, including alcohol and both illegal and prescription drugs. A person is "under the influence" if their mental or physical faculties are impaired to the slightest degree, regardless of whether it affects the a actual operation of the vehicle.

Excessive Drunkenness

Definition:
A state of drunkenness in which a person is so far deprived of reason and understanding that he or she is incapable of understanding the character and consequences of an act.

Arraignment

Definition:
Sometimes referred to as a “first appearance.” This date is typically located on the DWI Summons & Complaint near the “court appearance required” box that should be checked off. The arraignment is a formal procedure where rights are read, charges are read and explained, and a plea (guilty or not guilty) is entered.

More DUI Attorney.com Terms >

 

DUI/DWI Resources

 


Search Drunk Driving resources in our resource center:

More Resources >

 

DUI/DWI Hot Topics

 
Topics Related to DUI/DWI:

  • Blood Alcohol Content (BAC)
  • Breathalyzer Test
  • Failed Sobriety Test
  • Legal State BAC Limits

More DUI/DWI Topics >

Montana Drunk-Driving Attorney

 
If you live in the following cities and need legal help you should contact our Attorney as soon as possible:

  • Belgrade
  • Billings
  • Bozeman
  • Butte
  • Columbia Falls
  • Great Falls
  • Hamilton
  • Havre
  • Helena
  • Kalispell
  • Laurel
  • Libby
  • Livingston
  • Miles City
  • Missoula
  • Polson
  • Whitefish
  Need to find a DUI Lawyer Nationwide? Visit DrunkDrivingLawyers.com
 


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