The click of handcuffs is a sound that changes everything. A simple traffic stop has escalated, and now you are arrested for suspicion of driving under the influence. Fear and confusion can quickly take over as you wonder what you should say, what tests you must take, and what happens next. The decisions made in these moments are critical. At Judnich Law Office, we provide clear guidance through this disorienting process. We will help you understand your DUI arrest rights and build a plan to protect your future.
Your Constitutional Protections After a DUI Arrest
When the police take you into custody, your constitutional rights become your most important shield. Before law enforcement can begin a custodial interrogation, they must inform you of your Miranda rights. These are fundamental protections that every person under arrest possesses, which include:
- The right to remain silent. You are not required to answer questions about where you were, what you were doing, or whether you consumed alcohol or drugs.
- The right to an attorney. You can request to speak with a lawyer before any questioning begins. If you invoke this right, law enforcement must stop their interrogation until your attorney is present, even if they must wait for the court to appoint one.
If police question you in custody without reading these rights, the court may suppress your statements. This protection is a cornerstone of your defense.
Police Procedures and Potential Violations
Beyond your constitutional rights, Montana law dictates specific procedures that officers must follow during a DUI investigation and arrest. Officers failing to adhere to these rules can create significant problems for the prosecution’s case. Our attorneys scrutinize every detail of an arrest for procedural errors that can impact your case, such as:
- Lack of reasonable suspicion. An officer must have a valid, observable reason to pull you over in the first place, such as swerving or a traffic violation.
- Improper administration of tests. Officers must administer field sobriety and chemical tests according to standardized protocols.
- Mishandling of evidence. Blood, breath, or urine samples must be collected, stored, and transported correctly to prevent contamination or degradation.
When we identify these violations, we can file a motion to suppress the evidence obtained illegally. A judge’s agreement can lead to reduced charges or even a dismissal.
Do I Have to Take a Breath or Chemical Test in Montana?
This is one of the most urgent questions for those stopped or arrested for a DUI. Under Montana’s implied consent law, anyone who drives on public roads has already consented to a chemical test of their breath, blood, or urine if an officer has probable cause to arrest them for DUI.
While you can physically refuse the test, that refusal comes with immediate and automatic penalties, including:
- License suspension. A court will suspend your driver’s license on a first refusal for six months. A second refusal within five years results in a one-year suspension.
- Negative presumption. The prosecution can and will use your refusal as evidence in court, arguing that it suggests you knew you were intoxicated.
Understanding the law around chemical tests is critical. Your decision has significant consequences for your driving privileges and criminal case. Knowing your DUI arrest rights in this situation helps you make an informed choice.
Common Myths About DUI Arrests
Misinformation can lead to costly mistakes. It is vital to separate fact from fiction when facing a DUI charge. Here are a few common myths we often clarify for clients:
| Myths | Facts |
| If the police fail to read your Miranda rights, the courts may dismiss your case. | Miranda rights only apply to questioning that happens after you are in custody. An officer’s failure to read them does not invalidate the arrest itself, but it can make your statements inadmissible. |
| Refusing all tests is the best way to beat a DUI. | The state will automatically suspend your license if you refuse a chemical test after an arrest, and the prosecution can use your refusal against you in court. |
| If I failed a breath test, I am automatically guilty. | Your attorney can challenge the breathalyzer tests. We investigate improper calibration, operator error, and medical conditions that could create a false positive. |
An experienced attorney can help you see past these myths and understand your case’s strengths and weaknesses.
Why Clients Choose Judnich Law Office
When you are facing a DUI, you need a legal team that is not only skilled but also approachable and responsive. At Judnich Law Office, we break the stuffy law firm stereotype. The legal system is intimidating, so we prioritize direct communication and transparency. When you work with us, you speak directly with your attorney, ensuring your urgent questions are answered promptly by the person handling your case. We are also mindful of the financial strain a legal case creates and work efficiently to protect your resources while defending your DUI arrest rights.
Take the First Step to Protect Your Future
A DUI arrest can threaten your freedom, finances, and future. You do not have to navigate this challenge alone. At Judnich Law Office, we explain your rights, challenge the evidence against you, and fight for a favorable outcome. Contact us today to learn how we can help you confidently move forward.
