Montana DUI Crimes Defense Attorneys

A DUI charge in Montana brings serious consequences. Jail time, license suspension, steep fines, and a lasting criminal record can result from a single arrest. Whether the stop occurred in Billings, Missoula, Bozeman, or along I-90, the legal fallout begins immediately and affects your ability to drive, work, and maintain your reputation. You need skilled legal defense with local experience and fast action. Stevenson Law Office offers aggressive representation in DUI cases across Montana with strategies focused on dismissal, charge reduction, and license protection.

In Montana counties like Yellowstone, Gallatin, and Cascade, prosecutors push hard for convictions. A first DUI offense may involve license suspension, mandatory alcohol treatment, and ignition interlock requirements. Repeat violations can lead to felony charges and longer jail sentences. Early intervention is key. Our attorneys at Stevenson Law Office understand the procedures and laws that apply to DUI cases statewide, including those detailed by the Montana Department of Justice in its DUI enforcement program. We act quickly to challenge the arrest, protect your license, and fight the case from every legal angle.

Every DUI arrest brings a unique set of facts. Stevenson Law Office crafts customized defenses based on the specific location, officer conduct, test results, and legal procedures followed. We investigate the stop, question the reliability of chemical tests, and uncover procedural errors that may weaken the prosecution’s case. Our attorneys defend clients across Montana, including Helena, Great Falls, and Butte, with one goal in mind, to get the best possible result and safeguard your future.

Why DUI Charges in Montana Require Strategic, Local Legal Defense

Montana DUI prosecutions are not minor traffic issues. They are criminal cases with high stakes and complex procedures that require targeted legal intervention. A conviction can affect your driving privileges, job prospects, and personal freedom. Unlike infractions where fines resolve the matter, DUI charges involve chemical test evidence, probable cause analysis, and strict sentencing guidelines. At Stevenson Law Office, we treat each DUI arrest as a serious legal emergency. We move immediately to protect your rights and build a solid defense strategy tailored to the facts of your case and the laws of the jurisdiction where you were arrested.

Police officers in Montana often justify traffic stops based on erratic driving, the smell of alcohol, or field sobriety tests. These indicators are subjective and often flawed. Many arrests stem from shaky probable cause and poorly administered roadside procedures. Our legal team demands body camera footage, reviews officer training records, and questions every part of the arrest timeline. From Flathead County to Silver Bow County, we understand the way Montana law enforcement builds DUI cases and know how to dismantle them through effective cross-examination, procedural challenges, and evidence suppression motions.

Understanding the Local Landscape of Montana DUI Arrests

Each Montana county has different prosecutorial priorities, court schedules, and local enforcement practices. A DUI charge in Gallatin County may proceed very differently from one in Ravalli County. Our attorneys bring years of experience handling DUI cases in city and rural courts alike. Stevenson Law Office knows how local judges rule on DUI-related evidence, how prosecutors interpret BAC results, and how to navigate license hearings under Montana law. We leverage this localized insight to improve outcomes for our clients and reduce penalties whenever possible.

The Faster You Act, the Better Your Legal Outcome

Montana DUI cases move quickly. Within days of an arrest, drivers may face license suspension procedures initiated by the Motor Vehicle Division. Evidence such as bodycam footage and breath test data must be requested early to preserve your defense. At Stevenson Law Office, we act immediately. We file discovery requests, contact law enforcement agencies, and begin building your defense before your first court appearance. Fast, informed action is your best chance at keeping your record clean and avoiding costly penalties. Waiting only makes it harder to fight back.

Customized DUI Defense Strategies for Montana Drivers

No two DUI arrests are the same. The facts surrounding a stop, the results of field and chemical tests, and the procedures followed by officers can vary widely. A successful legal defense must adapt to those differences. At Stevenson Law Office, we never apply one-size-fits-all strategies. Instead, we build your defense from the ground up using a case-specific approach that challenges the legality of the stop, the reliability of test results, and the credibility of law enforcement. Our Montana DUI defense lawyers investigate every angle and find every opportunity to weaken the state’s case.

We begin by obtaining the arrest report, video footage, officer notes, and all test data. Our attorneys also review your medical history, physical condition, and external factors that could affect test outcomes or behavior. Even weather conditions or uneven road surfaces may play a role in how field sobriety tests are perceived. Whether you were stopped at a checkpoint near Kalispell or pulled over late at night on a rural highway, we tailor our strategy to the facts and aggressively push for reduced or dismissed charges.

Examining Probable Cause and Arrest Procedures

For a DUI arrest to be valid under Montana law, officers must have reasonable suspicion to initiate the stop and probable cause to arrest. Many DUI arrests begin with vague observations like weaving, driving slowly, or making wide turns. These justifications are often challenged in court, especially when not supported by video or clear documentation. At Stevenson Law Office, we scrutinize every officer claim. We cross-reference police reports with audio and video evidence to identify inconsistencies. If officers failed to follow proper procedure or lacked probable cause, we file motions to suppress the evidence and weaken the prosecution’s case.

Challenging the Accuracy of Breath and Blood Tests

Breathalyzers and blood tests are treated as reliable by many courts, but the science behind them is not infallible. In Montana, these tests must follow strict rules for calibration, administration, and chain of custody. A mistake at any point may render the results unreliable. Our DUI attorneys consult toxicologists and forensic experts to evaluate test protocols and equipment used during your arrest. We review maintenance records, calibration logs, and technician qualifications. If the evidence was mishandled or improperly collected, we challenge its admissibility and move to have it thrown out.

Forensic and Legal Tactics That Strengthen DUI Defense in Montana

Montana DUI cases depend heavily on forensic evidence. Blood alcohol concentration results, standardized roadside tests, and officer narratives are used to support prosecution. Yet each of these elements has vulnerabilities. At Stevenson Law Office, our Montana DUI defense attorneys build strategies that focus on those weaknesses. We challenge flawed forensic processes, scrutinize officer conduct, and examine every procedural detail from the initial traffic stop to courtroom proceedings.

Prosecutors often assume scientific tests are infallible. Our team knows better. With deep knowledge of testing protocols and real courtroom experience, we work with forensic toxicologists, breathalyzer specialists, and chain-of-custody experts to expose evidence that is incomplete, contaminated, or misinterpreted. These tactics help us fight for charge reductions, dismissals, and trial acquittals.

Breaking Down Blood Test Procedures in Montana DUI Cases

Blood test results are considered strong evidence in most DUI prosecutions, but the collection and handling of those samples are prone to human and technical error. In Montana, law enforcement officers often transport suspects to hospitals for blood draws, but errors frequently occur during this process. Medical staff may collect the sample without proper consent or violate required observation windows. Poor documentation or the use of expired materials can taint the result.

Stevenson Law Office investigates every step of the blood draw process. We examine whether the officer had proper legal authority, whether medical staff followed best practices, and whether the sample was stored and transferred under acceptable conditions. Chain-of-custody failures, contamination, or excessive delay in analysis can raise serious legal questions. If your blood sample was not handled precisely as required by Montana law, we argue for its exclusion from evidence. In many cases, suppressed blood evidence can lead to dropped or significantly reduced charges.

Challenging the Reliability of Breathalyzer Results

Breathalyzer devices are used across Montana to determine intoxication levels during roadside stops. Although widely used, these devices are known for producing false or inflated readings due to machine malfunctions, improper calibration, or operator error. Montana law requires that breath-testing devices be calibrated regularly and used only by trained personnel. If either condition is not met, the results may be inadmissible in court.

We obtain the maintenance and calibration logs of every breathalyzer machine used in our clients’ cases. Our attorneys also investigate the officer’s training and whether the device was functioning properly on the day of your arrest. Medical issues like GERD or diabetes may also create mouth alcohol or chemical imbalances that trigger false positives. In rural areas of Montana, where machine maintenance is often irregular, these problems are even more common. Stevenson Law Office aggressively challenges any breathalyzer results that fall short of scientific or legal standards. If test reliability cannot be proven, we argue to exclude those results from the case.

Questioning Field Sobriety Tests and Officer Observations

Field sobriety tests (FSTs) are designed to detect signs of impairment based on physical coordination and reaction time. These tests include the horizontal gaze nystagmus, walk-and-turn, and one-leg stand. While police often treat them as definitive indicators of intoxication, the reality is that these tests are highly subjective and prone to misinterpretation.

Environmental factors like poor lighting, gravel roads, uneven surfaces, or even cold weather can impact performance. So can medical conditions such as vertigo, arthritis, or anxiety. In many Montana DUI cases, officers are not properly trained on how to administer or score these tests, leading to biased or inaccurate evaluations.

Preparing a Trial-Ready DUI Defense Strategy

Even when a DUI case does not go to trial, the best outcomes come from defense strategies built with trial preparation in mind. Prosecutors in Montana take a case more seriously when they see the defense has lined up expert witnesses, drafted motions to suppress evidence, and reviewed every piece of forensic data. At Stevenson Law Office, we operate under the assumption that every case may end up in court. That mindset leads to stronger results during negotiations and plea discussions.

We organize our evidence, prepare for cross-examination, and consult with specialists in toxicology, law enforcement procedures, and breath or blood analysis. This comprehensive preparation gives us an advantage when challenging the prosecution’s assumptions and evidence. If a trial becomes necessary, we are ready to defend your rights aggressively. If a plea deal is in your best interest, our trial posture gives us leverage to negotiate more favorable terms. This level of planning and execution consistently leads to better outcomes for our clients across Montana.

What You Risk After a DUI Arrest in Montana

A Montana DUI arrest sets two legal processes in motion. First is the criminal prosecution that unfolds in court. Second is the administrative license suspension handled by the Montana Motor Vehicle Division. These separate but simultaneous procedures impose harsh penalties, including time in jail, loss of driving privileges, court-ordered treatment programs, and ignition interlock requirements. At Stevenson Law Office, we represent clients through both processes and work to limit the impact on your life.

Our legal team responds immediately after an arrest to protect your rights and defend your license. Montana law moves fast. Acting quickly increases your chances of keeping your license and avoiding long-term damage to your future.

Criminal Penalties for DUI Convictions in Montana

DUI convictions in Montana come with severe consequences. A first-time offense may result in up to six months in jail, license suspension for a minimum of six months, required alcohol education classes, and a probationary period. Courts also commonly require attendance at a victim impact panel and assign community service hours.

For second or third offenses, jail sentences become mandatory and probation becomes more restrictive. Courts may order substance use monitoring, long-term alcohol treatment programs, and installation of an ignition interlock device. A fourth DUI conviction is classified as a felony in Montana and can result in incarceration for an extended period. At Stevenson Law Office, we work to reduce these penalties by attacking flaws in the arrest and prosecution process.

Administrative License Suspension by the Montana MVD

In addition to criminal charges, DUI arrests in Montana trigger administrative license suspension procedures. These actions are carried out by the Motor Vehicle Division and are completely separate from the criminal court process. If you fail or refuse a chemical test, your license may be suspended before you even appear in court.

Drivers must act fast. You only have 30 days to request a hearing to contest the suspension. Many drivers miss this deadline, and as a result, lose their ability to drive. Stevenson Law Office files the necessary paperwork without delay. We then present arguments that challenge the validity of the traffic stop, the officer’s conduct, and the chemical test procedures. In many cases, we are able to protect your driving privileges while your criminal case proceeds.

Penalties for High BAC and Test Refusals

Montana enforces harsher penalties when a driver’s BAC is significantly above the legal limit or if they refuse testing. A high BAC result can lead to increased jail time, extended license suspension, and mandatory use of an ignition interlock device. These are classified as aggravated DUI cases and are treated with more severity in court.

Refusing a breath or blood test will also trigger an automatic license suspension through Montana’s implied consent law. This penalty occurs regardless of the outcome in criminal court. At Stevenson Law Office, we examine the traffic stop, the timing of the request for testing, and the officer’s warnings to determine if your rights were violated. When proper procedure is not followed, we argue that the test refusal should not be used against you.

How DUI Convictions Can Impact Your Job and Family

The effects of a DUI conviction extend beyond court. Drivers with commercial licenses may lose their ability to work. People in regulated professions like teaching, nursing, law enforcement, or the military may face job discipline or termination. Some may lose access to child custody or face restrictions on travel or background-sensitive employment.

At Stevenson Law Office, we defend more than just your criminal case. We protect your future. Our attorneys consider how each case outcome could affect your job, your family, and your long-term goals. We advocate for solutions like deferred prosecution, treatment-based alternatives, and conditional dismissal that allow you to move forward without a criminal record.

Common DUI Evidence Used Against Drivers in Montana

In Montana DUI cases, prosecutors rely heavily on a limited set of evidence types. These typically include chemical test results, field sobriety tests, officer observations, and arrest reports. While this evidence may appear strong on the surface, much of it is vulnerable to legal and scientific challenges. Stevenson Law Office approaches each case with a critical eye, analyzing every piece of evidence for accuracy, reliability, and compliance with Montana law.

Our attorneys do not take police reports at face value. We review body camera footage, examine lab procedures, and cross-reference test results with medical and environmental conditions. By carefully dissecting the evidence, we often uncover legal flaws that give our clients a strategic advantage in court or during license hearings.

The Role of Blood Test Results in Montana DUI Cases

Blood tests are frequently viewed by prosecutors as definitive proof of impairment. These tests measure blood alcohol concentration and are often used in hospital settings or when a driver refuses a breath test. However, these samples must be collected, stored, and tested according to very strict standards. Errors during any phase can affect the validity of the results.

At Stevenson Law Office, we subpoena lab records, review technician certifications, and demand details about chain of custody. Our attorneys also consult with forensic toxicologists who help us assess whether fermentation, contamination, or improper refrigeration may have artificially raised BAC levels. These expert reviews often reveal procedural violations that can lead to suppression of the blood test in court.

Problems With Breathalyzer Devices and Roadside Testing

Breathalyzer tests are the most common form of DUI evidence collected during traffic stops in Montana. These handheld machines produce a digital BAC reading that officers often use as the basis for arrest. Despite their popularity, these devices are extremely sensitive and prone to inaccurate results when not properly calibrated or maintained.

We investigate the specific device used in your arrest, including its service history, calibration logs, and the officer’s certification to operate the equipment. Even minor faults in machine maintenance or test administration can make results unreliable. Certain medical conditions or environmental factors, such as paint fumes or mouth alcohol, can also lead to false positives. Stevenson Law Office presents these arguments clearly and effectively to show that your BAC result may not reflect your actual level of impairment.

Officer Observations and Arrest Reports in DUI Cases

In most DUI arrests, the officer’s personal observations play a key role in the decision to investigate further. These observations may include slurred speech, glassy eyes, unsteady movements, or the smell of alcohol. Officers also describe driving behavior, such as drifting or braking late. These claims are included in the official arrest report and heavily relied upon in court.

Our attorneys understand how to challenge these subjective observations. We review body camera footage to determine whether the officer’s narrative aligns with actual behavior. We also examine weather conditions, lighting, road quality, and your physical condition at the time of the stop. Fatigue, allergies, or injuries may explain symptoms that officers interpret as intoxication. If the officer’s report includes inaccuracies or exaggerations, we use that to challenge credibility and push for dismissal or reduction of charges.

Field Sobriety Tests and Their Legal Weaknesses

Standardized Field Sobriety Tests (SFSTs) are used to evaluate balance, coordination, and focus during a DUI stop. These tests include the horizontal gaze nystagmus, walk-and-turn, and one-leg stand. Although considered reliable by law enforcement, these tests are not always administered correctly and can be influenced by non-alcohol-related factors.

Montana drivers may struggle with these tests due to poor road conditions, winter weather, improper footwear, or underlying medical issues. Stevenson Law Office reviews the officer’s training records and questions whether NHTSA guidelines were followed during test administration. When these procedures are violated, test results become questionable. We highlight these weaknesses in court to reduce the weight given to field sobriety test results and undermine the foundation of the arrest.

Level of Severity in Montana DUI Cases

Montana DUI laws apply increasingly severe penalties based on the number of prior offenses, blood alcohol content, and aggravating details at the time of arrest. While a first offense is typically handled as a misdemeanor, repeat violations or high BAC results can push charges into felony territory. The law allows for harsh consequences even for first-time drivers depending on the circumstances. At Stevenson Law Office, we examine every factor that may elevate your case and work to keep the charges at the lowest possible level.

We begin by analyzing the evidence that prosecutors rely on to increase charges. This includes prior convictions, chemical test results, and arrest reports. If that evidence is weak, improperly obtained, or legally questionable, we move to suppress it and limit the penalties you face.

What Happens During a First DUI Offense in Montana

Being charged with a first DUI in Montana may seem like a manageable legal issue, but the consequences often reach much farther than expected. Even without aggravating factors, drivers face jail time, license suspension, court-ordered classes, and probation. A single mistake can leave a lasting impact on your record and driving privileges.

At Stevenson Law Office, we take first-time DUI charges seriously. Our attorneys investigate the stop, challenge the chemical test, and evaluate officer conduct. We push for options like deferred prosecution or conditional dismissal to help clients avoid a permanent record. When handled properly, a first DUI case is often the best opportunity to keep your future intact.

How Multiple DUI Charges Raise the Stakes for Montana Drivers

Montana law treats second and third DUI offenses much more harshly than a first-time charge. With each new violation, the risk of mandatory jail, longer suspension periods, and restricted driving conditions increases. Courts are more likely to impose strict probation terms, substance monitoring, and installation of an ignition interlock device.

Our team at Stevenson Law Office examines each prior conviction to determine whether it was legally valid. If a previous DUI occurred in another state, we evaluate whether it meets Montana’s standards for use as an enhancement. We also look for legal errors in prior cases that could remove them from your record. Every fact matters when it comes to reducing the level of your current charge.

What Qualifies a Montana DUI as a Felony Charge

A fourth DUI offense or any DUI that results in serious bodily injury or death may be filed as a felony in Montana. These cases bring much higher penalties and often lead to long-term incarceration and loss of driving privileges. Felony charges can also affect employment, housing, and professional licensing for years after the case concludes.

Stevenson Law Office defends clients facing felony DUI allegations by attacking the evidence used to elevate the charge. We review blood test procedures, investigate accident reports, and consult with medical experts or accident reconstruction professionals when needed. If prior offenses were improperly handled, we fight to keep them out of the current case and reduce the charge to a misdemeanor where possible.

Aggravating Circumstances That Can Make a DUI Case More Serious

Certain facts surrounding a DUI arrest can automatically increase the penalties you face. These include having a BAC well above the legal limit, driving with a minor in the vehicle, or being involved in a collision. Even first-time offenders can face enhanced sentencing if aggravating factors are present.

Stevenson Law Office evaluates each of these enhancements carefully. We investigate whether the high BAC reading was accurate, whether proper procedures were followed, and whether the alleged aggravating circumstances are supported by admissible evidence. By removing unsupported enhancements from the case, we protect your rights and reduce the chance of facing maximum penalties.

Driving While Ability Impaired (DWAI) Offenses in Montana

Montana recognizes a lesser but still serious impaired driving offense called Driving While Ability Impaired (DWAI). A DWAI charge can be filed even if your blood alcohol concentration is below the legal DUI threshold. These cases often confuse drivers who believe they were legally safe to drive, only to find themselves facing criminal prosecution, license consequences, and mandatory court programs.

At Stevenson Law Office, we help drivers across Montana understand the full legal implications of a DWAI charge and fight to prevent the long-term damage it can cause. Although DWAI carries lighter penalties than a full DUI, it still counts as a prior offense if future charges occur. This means one DWAI today could increase the severity of a future DUI tomorrow.

What Counts as DWAI Under Montana Law

DWAI charges are typically filed when a driver’s BAC is between 0.05 and 0.08. However, a chemical test is not required for prosecutors to pursue this charge. If an officer believes your ability to operate a vehicle was impaired to any degree, even without exceeding the legal alcohol limit, you may be arrested and charged with DWAI.

Officers often rely on field sobriety tests, driving behavior, and general observations like speech patterns or physical coordination. This level of subjectivity makes DWAI highly defensible, especially when video footage or medical explanations contradict the arresting officer’s claims. Our attorneys focus on suppressing weak evidence and showing that your driving ability was not actually impaired.

Why DWAI Convictions Still Carry Serious Consequences

Many Montana drivers underestimate the impact of a DWAI conviction because it does not have the same stigma as a full DUI. In reality, DWAI carries serious consequences. It adds points to your driving record, can raise insurance premiums, and may limit your job prospects in fields that require background checks or clean driving histories.

In addition, a DWAI counts as a prior offense under Montana law. This means that if you are arrested in the future for DUI, the state will treat you as a repeat offender. That can lead to mandatory jail, longer license suspensions, and stricter penalties, even if your first charge was only for DWAI. At Stevenson Law Office, we help clients understand these risks and work to keep DWAI charges off their record whenever possible.

Legal Defense Strategies to Fight DWAI Charges

DWAI cases offer many opportunities for legal defense. Unlike DUI cases, where BAC results often dominate the discussion, DWAI cases are based more on observation and subjective interpretation. This opens the door for challenges to the arrest process, officer credibility, and test reliability. Our Montana DUI attorneys build defenses that focus on weakening the prosecution’s case from the start.

Challenging the Officer’s Observations and Field Tests

Field sobriety tests used in DWAI stops must be administered correctly to be valid. Officers often skip steps or interpret results unfairly. Weather, road conditions, and physical health issues all affect performance. We review body camera footage and compare it to the officer’s report to identify inconsistencies and exaggerations.

If the arresting officer deviated from protocol or lacked clear evidence of impairment, we file motions to suppress the field test results. Suppressing this evidence can lead to dismissal or significant charge reductions.

Questioning the Traffic Stop and Probable Cause

Every impaired driving case begins with a traffic stop. If the officer lacked a valid reason to pull you over, the entire case may collapse. Our attorneys investigate the circumstances of the stop and file motions to exclude evidence when the stop violated your constitutional rights. In DWAI cases, where evidence is often weak, eliminating the traffic stop can bring the case to a swift end.

What Happens After a Montana DUI or DWAI Conviction

The consequences of a DUI or DWAI conviction in Montana do not end in the courtroom. Drivers face ongoing penalties that affect daily life, long after sentencing is complete. These include restrictions on your ability to drive, mandatory treatment programs, and long-term monitoring. Many of these consequences are enforced by the Montana Motor Vehicle Division and apply even if you avoid jail.

At Stevenson Law Office, we help clients navigate every phase of the post-conviction process. Our attorneys explain your obligations, help you comply with court orders, and work to minimize the long-term impact on your life and livelihood.

Ignition Interlock Requirements for Montana Drivers

Montana requires the use of ignition interlock devices in many DUI and repeat DWAI cases. These devices prevent your vehicle from starting unless you provide a clean breath sample. Courts often order installation of these systems as a condition of probation, especially for high BAC cases or second and third offenses.

Drivers must lease ignition interlock equipment from approved vendors, pay for monthly calibration, and maintain strict usage logs. At Stevenson Law Office, we advise clients on interlock rules and help them regain restricted driving privileges as quickly as possible.

When Ignition Interlocks Are Mandated by the Court

Montana law allows judges to require ignition interlocks for any DUI conviction and mandates them for repeat offenses or high BAC readings. Courts may also impose them if the driver refused testing or if the DUI occurred with aggravating circumstances, such as a child in the vehicle.

Even for first-time offenders, the device may be required to regain restricted driving privileges after license suspension. Our attorneys argue against ignition interlock installation when it is not legally required and help clients qualify for early removal when possible.

How Noncompliance Can Lead to Extended Restrictions

Failing to use an ignition interlock device as ordered can lead to serious penalties. Drivers who tamper with the device, skip scheduled calibrations, or attempt to drive without it may face extended suspension, probation violations, or new criminal charges.

Stevenson Law Office works with clients to ensure full compliance with Montana’s ignition interlock program. We also represent individuals who are accused of violating interlock requirements and help them avoid additional sanctions. Protecting your license and record after a DUI means following every rule closely, and having a legal team ready to act if problems arise.

Speak With a Montana DUI Defense Attorney Today

If you have been arrested for DUI or DWAI in Montana, every hour counts. The Montana Motor Vehicle Division begins license suspension proceedings quickly, and prosecutors do not wait to build their case. Without legal guidance, you risk losing your license, your job, and your future opportunities.

With Big Sky Law Office, we act the moment you contact us. Our legal team challenges breath and blood tests, suppresses weak field evidence, and represents you at both court hearings and administrative reviews. With years of experience defending Montana drivers, we understand what it takes to reduce charges, protect your driving privileges, and prevent long-term damage to your record. We provide defense services to drivers throughout the state, including Missoula, Bozeman, Billings, Great Falls, Kalispell, Helena, and more.

You do not have to face the system alone. Our attorneys are ready to stand between you and the full force of Montana’s DUI laws. Whether this is your first offense or you face a repeat or felony-level charge, we build a personalized legal strategy that puts your future first.

📞 Call Stevenson Law Office now for a free, confidential DUI case consultation.