Do I Have to Give a Breath Test if Stopped for DUI in Montana?

Refuse a Breath Test!

Don’t be fooled by old wives tales – learn the facts. In Montana, if you are stopped for DUI, chances are you will be asked to give an officer a breath test. What do you do?


You do not have to give a breath test. Think about it, what are you actually doing when you perform a breath test? You are not proving your innocence– you are providing the police with evidence that can be used against you. If you are not impaired, the officer cannot legally ask you to take a breath test – they need actual indications of impairment to ask you to take one.

If you don’t have any signs of impairment, you won’t be asked to take one. This means, it is only after an officer has already decided you are driving under the influence (DUI) that you will be asked to take a breath test.

If an officer has already made up their mind that you are driving under the influence, then why take a breath test? Answer: You should NOT take a breath test.

All a breath test is doing is giving the officer – and then the prosecutor – a number they will use to try to convict you of DUI. This number, a record of your Breath Alcohol Concentration or BAC is all they need in court to convict you.

So – you are giving the police the evidence they need to convict you in court for DUI by giving a breath test.

Is there a punishment for refusing a breath test?

YES. Several cities in Montana have enacted laws making it a crime to refuse a breath test. In addition, your driver’s license will be suspended automatically for six (6) months for a refusal.

That is a punishment, but it is a consequence far better than a DUI conviction. If you give a breath test and are convicted of DUI, your license is suspended for 6 months for a DUI conviction, too! So, either way, you will get a 6-month license suspension.

Either way, you are getting arrested for DUI –whether you give a breath test or not.

The difference is if you refuse a breath test, you have an excellent chance of being able to defend that case in court – because there is no numerical value of your breath alcohol. If you consent to a breath test – you have created a situation where the prosecutor has all the evidence they will ever need to convict you of DUI.

Either way, you license gets suspended for 6 months. So, why not try to have a chance at beating a DUI charge?

Expert Advice here: Don’t Blow. Don’t give a breath test. 

Only consent to a breath test if you haven’t been drinking at all.

Arrested for DUI? Contact Judnich Law Office Today!

judnich law office dui lawyers

If you’re arrested for DUI, give the Judnich Law Office a call at (406) 721-3354. We’re experts in the rules and regulations the police must follow when making a DUI arrest and we can help you.

So give us a call or contact us online to set up your initial consultation. It’s free and it’s always confidential.