Understanding Your Rights During A DUI Investigation
A vehicle in Montana at dusk. Know your rights before you get behind the wheel.
Protecting Your Future Against DUI Charges
Driving under the influence (DUI) is one of the most commonly charged offenses in Montana and across the United States. While different jurisdictions may use terms like driving while intoxicated (DWI) or operating under the influence (OUI), the consequences remain serious. If you’re facing DUI charges, knowing your rights is critical to protecting your future.
Take it from a former prosecutor…
I have extensive experience defending clients against DUI charges in Montana. As a former prosecutor with years of experience on both sides of the courtroom, I understand how to challenge DUI evidence and fight for the best possible outcome.
CLOSE CALL? MAKE THE CALL
“Kimberly Durham at Durham Law was major help to me during a difficult and stressful time in my life. I completely trust Kimberly with my legal matters.”
-JAMIE G.
In Montana, for a DUI conviction, the prosecution must prove:
You were operating a vehicle on a public road or way open to the state.
You had consumed alcohol and/or drugs.
You were in control of the vehicle at the time.
The offense occurred within the prosecuting jurisdiction.
While a blood alcohol concentration (BAC) of .08% or higher is often used as proof of intoxication, you can still be charged if the state claims you were “under the influence.” In Montana, this means your ability to safely operate a vehicle was impaired—a broader definition than in many other states. Understanding this distinction is crucial, especially when prior DUI convictions from other states are used to enhance charges.
An image of glare on a car windshield on a highway at dusk.
DUI penalties in Montana
A DUI conviction carries serious consequences, including:
Jail time
Fines and court fees
License suspension or revocation
Increased insurance costs
A permanent criminal record
Possible denial of entry into Canada
The penalties increase with multiple offenses, and a third or subsequent DUI may be charged as a felony.
What to Do If You Are Pulled Over for a DUI
If law enforcement suspects you of impaired driving, they may request a field sobriety test or a breathalyzer. In Montana, refusing a breath or blood test can result in immediate license suspension and may be used against you in court. However, these tests are not always accurate. Faulty equipment, improper calibration, and officer errors can lead to false readings.
Additionally, field sobriety tests—such as walking in a straight line or balancing on one foot—are highly subjective. Studies show that nearly 1 in 5 people deemed “under the influence” based on these tests are not actually impaired.
At Durham Law PC, we scrutinize every aspect of DUI evidence, from breathalyzer calibration to officer procedures, to challenge unreliable test results.
An image of marijuana in a car.
Marijuana and DUI charges in Montana
With the legalization of marijuana in Montana, more drivers are being accused of marijuana DUIs. Unlike alcohol, there is no universally accepted standard for THC impairment, and studies show that marijuana use does not always correlate with unsafe driving. Our firm understands the science—or lack thereof—behind marijuana DUI charges and aggressively defends clients against these accusations.
Defending against a DUI charge
A strong DUI defense requires more than just knowledge of the law—it demands experience, strategy, and a deep understanding of law enforcement tactics. At Durham Law PC, we analyze:
Whether the traffic stop was legal.
If field sobriety tests were administered correctly.
The accuracy of breath and blood test results.
Officer training and potential procedural mistakes.
My background as a prosecutor gives our firm a unique advantage in anticipating the state’s arguments and building the strongest possible defense for our clients.
Contact Durham Law, PC for DUI defense
A DUI charge can have long-lasting consequences, but you don’t have to face it alone. At Durham Law PC, we are committed to protecting your rights and securing the best possible outcome for your case.
YOU CAN FIGHT
A DUI charge can have long-lasting consequences, but you don’t have to face it alone. At Durham Law PC, we are committed to protecting your rights and securing the best possible outcome for your case.
A defense from the mind of an ex-prosecutor
A DUI charge can derail your life, but the right legal defense can help you move forward. At Durham Law PC, we have an ex-prosecutor who knows how to provide intelligent, strategic, and ethical representation to protect your rights, your freedom, and your future. Our experienced Montana DUI attorney is ready to fight for you. Contact us today to start building your defense.
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