3 Common Mistakes People Make When Suspected of DUI in Montana
Getting pulled over for a suspected DUI in Montana can be a nerve-wracking experience. Try to stay calm and remember that you have rights and you have the power to make decisions.
Here are three common mistakes people make when they’re suspected of driving under the influence.
Oversharing with Police
If you are pulled over for DUI, you are required to answer the police officer’s basic questions, such as your name and address. Law enforcement will often ask you more questions to gather information they can use against you in the case, such as whether you’ve been drinking alcohol or using drugs. They may seem like they are trying to chat and ask about where you are coming from or your day generally.
Remember, what you say can and will be used against you. You have the right to remain silent outside of providing identification and things like proof of insurance and registration to law enforcement.
The more you say, the more evidence they can gather. It may appear that the officer(s) are trying to be friendly and make conversation, but in reality, they are gathering information to use against you in your potential court proceedings. This is similar to the sobriety testing they may ask to participate in on the roadside.
You can firmly but politely decline to participate in any or all testing, including in a field sobriety testing. You can politely refuse to answer further questions about your whereabouts before the stop, or whether you have been drinking. You can tell law enforcement that you would like to speak to an attorney before answering further questions. But, you also need to know that refusing testing specifically for alcohol or drugs may have consequences.
Montana law states that by driving a vehicle on public roads, you effectively have given consent to submit to a test for drugs or alcohol (like a breath or blood test) if law enforcement has reasonable suspicion that you are driving under the influence. This is called implied consent.
So, if an officer believes you’ve been drinking or using drugs while driving, they can ask you to take one of these tests. You can refuse the test, but if you refuse the test, your driver’s license will be suspended. This suspension is separate from any penalties you might face if you’re later convicted of DUI.
2. Not Calling a Lawyer Right Away
One of the biggest mistakes you can make is not calling an experienced lawyer after your arrest.
Being accused of a DUI is a serious situation. DUI laws are complicated, and the consequences of being found guilty can be severe, from jail time to fines to a permanent criminal record. In Montana the following penalties may apply, although this is not inclusive of all situations:
First offense:
Up to 6 months in jail (potential minimum of 24 hours)
Fine between $600 and $1000
Required participation in a chemical dependency treatment program
Driver’s license suspension for six months
Potential required installation of an Ignition Interlock Device
Second offense:
7 days to one year in jail
Fine between $1200 and $2000
Required participation in a chemical dependency treatment program
Driver’s license suspension for one year
Potential required installation of an Ignition Interlock Device
Third offense:
30 days to one year in jail
Fine between $2500 and $5000
Required participation in a chemical dependency treatment program
Driver’s license suspension for one year
Mandatory installation of an Ignition Interlock Device
As you can see, multiple convictions greatly increase the potential penalties. In Montana, a fourth DUI is charged as a felony and carries significant potential penalties. It is highly likely with a fourth or subsequent conviction that a person must complete inpatient treatment for substance use disorder. Penalties can also increase if your blood alcohol concentration is higher.
A good lawyer can help you understand the legal process, challenge evidence where appropriate, and protect your rights. Waiting too long to seek legal help can make it harder to defend yourself. If you are innocent it is just as important to get support because the Criminal Legal System is overburdened and struggling to keep up. You should reach out for help from an experienced attorney as soon as possible because significant penalties and your rights are at risk.
3. Ignoring Court Dates and Deadlines
After your arrest, you will have court dates you must show up for. Missing these dates can lead to more trouble.
Failing to appear penalties can include suspension of your driver’s license, a warrant for your arrest, and loss of any bond you may have posted in order to be released.
Please, mark important dates on your calendar and set reminders. Whether you have an attorney or not, you must show up if the court orders you to show up. If you have an attorney, your attorney will also work to help you stay on track to avoid additional legal trouble that could come from missing important dates and deadlines.
Disclaimer: The information provided on this website is for informational purposes only and is not legal advice or a substitute for competent legal counsel.