What happens before and after a DUI arrest in Montana?

A DUI case begins at the roadside, where an officer may conduct field sobriety and breath or blood tests. If impairment is suspected, you will be arrested and taken to jail. You may be released after posting bond, but the court process that follows determines your future.

What is an arraignment in a Montana DUI case?

An arraignment is your first court appearance after a DUI arrest. The judge reads the charges, advises you of your rights, and asks for your plea. Most defendants plead not guilty to preserve their right to challenge the case and allow their attorney time to review evidence.

What happens during pretrial motions and discovery in a DUI case?

During discovery, your attorney reviews evidence such as police reports, video footage, and lab results. They may file motions to suppress evidence if your rights were violated, which can lead to reduced charges or dismissal.

Can DUI charges be reduced or dismissed in Montana?

Yes. Through plea negotiations or successful pretrial motions, DUI charges can sometimes be reduced to lesser offenses or dismissed. The outcome depends on the strength of the prosecution’s case and the defenses raised by your attorney.

What penalties can you face for a first-time DUI in Montana?

A first-time DUI conviction may include 24 hours to 6 months in jail, fines between $600 and $1,000, a driver’s license suspension for up to 6 months, mandatory chemical dependency assessment, and completion of an education program.

What defenses are available in a Montana DUI case?

Defenses may include challenging the legality of the traffic stop, questioning the accuracy of field sobriety or chemical tests, and presenting expert testimony about medical conditions or alcohol absorption rates.

Do I need a lawyer for a DUI in Montana?

Yes. Navigating a DUI case without legal representation can be overwhelming. An experienced DUI lawyer can explain the process, challenge evidence, negotiate with prosecutors, and work to reduce penalties or seek dismissal.

Why choose Judnich Law Office for DUI defense?

Judnich Law Office provides experienced DUI defense across Montana, with offices in Missoula and Bozeman. The firm combines proven legal strategies with client-focused service, offering 24/7 access to case information and personalized support throughout the court process.

Montana DUI Court Process Guide

Being arrested for a DUI in Montana can leave you feeling overwhelmed, embarrassed, and unsure about what to do now. You may wonder if you will lose your license, face jail time, or carry a permanent mark on your record. These fears are real, and they can feel paralyzing.

At Judnich Law Office, our DUI defense lawyers know what you are going through. Our team guides clients through the legal system daily, giving them a clear plan to move forward. Below, we outline the DUI court process to help you understand each stage so you can regain a sense of control.

What Happens Just Before and After a DUI Arrest?

The process begins at the roadside. A law enforcement officer may stop you for a traffic violation or suspicious driving behavior. If the officer suspects impairment, they will ask you to complete field sobriety tests and a breath or blood test. If your blood alcohol content is above the legal limit of 0.08%, or if the officer believes you are impaired, the officer can arrest you under Montana’s DUI statutes.

Once arrested, the officers take you to jail. In most cases, the court can release you, sometimes requiring you to post a bond. But the arrest is just the beginning; the court process is where your future gets decided.

The Initial Court Appearance: Arraignment

Your first court date, called an arraignment, typically occurs within a few days of the arrest. At this stage, the judge reads the charges against you, advises you of your rights, and asks for your plea. Most people plead not guilty at this stage, even if they feel hopeless. This step preserves your right to fight the charges and gives your attorney time to review the evidence.

Pretrial Motions and Discovery

After the arraignment, your case enters the discovery phase. Your attorney will review all the evidence against you, including:

Police reports,
Body or dash camera footage,
Results of field sobriety tests, and
Laboratory results from breath or blood samples.

During this stage, your lawyer can file motions to suppress evidence if the police violated your constitutional rights. For example, the court may throw out key evidence if the officer did not have probable cause for the stop or mishandled the chemical test. These motions often set the stage for dismissal or favorable plea negotiations.

The DUI Court Hearing and Plea Bargaining

The court will set pretrial hearings where your attorney and the prosecutor discuss possible resolutions. These hearings are critical because they can determine whether your case ends in a plea agreement or proceeds to trial.

At a DUI court hearing, your lawyer may negotiate for reduced charges, lighter penalties, or even dismissal, depending on the weaknesses in the prosecution’s case. Plea bargaining can resolve cases more quickly and with less financial strain, but the decision to accept or reject an offer always rests with you.

Preparing for Trial

If the attorneys cannot agree, the case moves toward trial. A Montana DUI trial may be before a judge or a jury. During trial preparation, your attorney builds your defense strategy, which may involve:

Challenging the reliability of chemical tests,
Questioning the officer’s procedures, and
Presenting expert testimony about alcohol absorption or medical conditions that mimic impairment.

These defenses require careful investigation and experience. Having a lawyer who knows Montana’s evidentiary rules gives you the best chance of a strong defense.

The DUI Trial

At trial, the prosecution presents its case first. Witnesses may include the arresting officer, forensic experts, or others involved in the stop. Your defense attorney then has the opportunity to cross-examine witnesses and present evidence on your behalf. A trial typically follows this order:

Opening statements from both sides,
Presentation of prosecution evidence,
Presentation of the defense’s case,
Closing arguments, and
Verdict.

If you are found guilty, the judge imposes a sentence according to Montana DUI laws, which may include jail, fines, license suspension, and mandatory alcohol education programs. You can move forward with your life if you are found not guilty.

Sentencing and Penalties

Montana law sets mandatory minimum penalties for DUI convictions. For a first-time DUI, you may face:

Jail time ranging from 24 hours to 6 months;
Fines between $600 and $1,000;
A driver’s license suspension for up to 6 months;
Complete a chemical dependence assessment; and
A chemical dependence education course.

Repeat offenses carry harsher consequences, including longer jail terms, higher fines, and ignition interlock device requirements. Judges also have discretion to impose community service or treatment programs as part of sentencing.

Understanding the potential penalties at the start helps you make informed choices about your defense.

How a Lawyer Can Help You Navigate the DUI Court Process

Trying to navigate the DUI court process alone can feel like being dropped into a maze with no map. An experienced defense lawyer helps you by:

Explaining each step of the case so we never leave you in the dark,
Identifying weaknesses in the prosecution’s evidence,
Negotiating strategically with prosecutors, and
Fighting for reduced penalties or dismissal when possible.

With the proper guidance, you do not have to walk this path alone.

Why Work with Judnich Law Office?

Judnich Law Office has become a trusted name in Montana DUI defense because the firm blends proven legal strategies with client-focused service. With offices in Missoula and Bozeman, the firm serves clients across the state, providing accessible defense for those facing life-changing charges. Clients benefit from clear communication, 24/7 access to case information through a secure online portal, and a team that moves quickly to protect their rights. We handle every case with urgency, transparency, and respect, so clients always know what to expect and feel supported throughout the DUI court process.

Take the First Step Toward Protecting Your Future

Facing a DUI charge in Montana is not the end of your story. With the right legal help, you can protect your rights, minimize the impact on your life, and move forward with confidence. The next step is simple: reach out to Judnich Law Office today for guidance on your case. We will listen to your concerns, walk you through your options, and help you make decisions that protect your future.

Resources

DUI Assessment, Education, and Treatment Required, Montana Code Annotated 2023 § 61-8-1009, link.

DUI Ignition Interlock Device, 24/7 Sobriety and Drug Monitoring Program, Montana Code Annotated 2023 § 61-8-1010, link.