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Montana's Top DUI Defense Attorney
At Maldonado Law, PLLC, we provide aggressive and strategic DUI defense for clients in Missoula, Butte, Hamilton, and surrounding areas. A DUI conviction can impact your license, career, and future—but with the right defense, you can fight back.
We understand what’s at stake, and we’re here to help you through every step of the legal process.
Understanding Montana DUI Charges
In Montana, driving under the influence (DUI) means operating a vehicle while impaired by alcohol, drugs, or a combination of both. You can be charged with DUI if:
Your blood alcohol concentration (BAC) is 0.08% or higher
You’re under 0.08% but show signs of impairment
You’re under the influence of marijuana, prescription drugs, or other substances
Montana law doesn’t just apply to alcohol. You can face DUI charges even if you were using legal or prescribed medications—including sleep aids, painkillers, and cannabis—if they impair your ability to drive.
At Maldonado Law, we understand how complex DUI cases involving drugs or prescription medications can be. We’ll evaluate every detail to build a defense tailored to your situation.
Charged with DUI in Montana? You don’t have to face it alone.
Protect Your License
Act as soon as possible
In Montana, you have 30 days to request an administrative hearing to prevent the suspension of your driver’s license.
With over a decade of legal experience, our attorneys know how Montana DUI laws are enforced—and how to challenge them. From first-time offenses to felony DUIs, we’ve helped countless clients protect their rights and their futures.
What Happens After a DUI Arrest?
1. Free Consultation
We start by reviewing your case—arrest details, BAC results, and potential procedural errors.
2. License Suspension Hearing
In Montana, your license can be suspended automatically. We help request and represent you at your MVD hearing to protect your driving privileges.
3. Case Investigation
We review the traffic stop, test administration, police conduct, and body cam footage. Every detail matters.
4. Negotiation or Trial
Whether it’s reduced charges, a dismissal, or going to trial—we fight for the best possible outcome.
DUI Penalties in Montana
A DUI conviction in Montana carries serious and lasting consequences. Penalties vary based on your blood alcohol content (BAC) and whether it’s your first, second, or third offense.
First DUI Offense (Misdemeanor)
- Fines: $300–$1,000
- Jail Time: Up to 6 months
- License Suspension: Up to 6 months
- Additional Penalties: Possible probation, mandatory alcohol education courses, or ignition interlock device
Second DUI Offense (Within 10 Years)
- Fines: $600–$1,000
- Jail Time: 7 days to 1 year
- License Suspension: 1 year
- Additional Penalties: Required alcohol treatment program, increased court supervision
Third DUI Offense
- Fines: $1,000–$5,000
- Jail Time: Up to 5 years (may include felony charges)
- License Suspension: Minimum of 3 years
- Additional Penalties: Mandatory substance abuse treatment, long-term monitoring, possible felony record
Beyond legal penalties, a DUI conviction can lead to:
- Higher insurance rates
- Loss of employment opportunities
- A permanent criminal record
- Travel restrictions and background check issues
At Maldonado Law, we fight to reduce or dismiss DUI charges—and help you avoid the harsh consequences that can follow you for years. Contact us today for a free consultation.
Montana’s Implied Consent Law
When you drive on Montana roads, you automatically agree to submit to a chemical test—such as a breath, blood, or urine test—if law enforcement suspects you of driving under the influence. This is known as Montana’s Implied Consent Law.
Refusing to take a chemical test after a lawful DUI arrest can lead to serious consequences, even if you’re never convicted of DUI. These penalties may include:
- Automatic driver’s license suspension (typically 6 months or longer)
- Ineligibility for a probationary license
- Increased penalties if later convicted of DUI
- Use of your refusal as evidence in court
Contact us today for a free consultation to discuss your case.
Montana's Best DUI Defense
Comprehensive DUI Defense Strategy
At Maldonado Law, we know that no two DUI cases are the same. Whether this is your first offense or you’re facing repeat charges, we build a personalized legal defense based on the facts of your case and Montana DUI law.
We thoroughly examine:
- Breathalyzer and field sobriety test procedures
- Whether law enforcement followed proper protocol
- Chain of custody and accuracy of drug or alcohol tests
- Video footage, dashboard cams, and eyewitness accounts
Our goal is to uncover mistakes or violations that could weaken the prosecution’s case and give you the strongest chance at dismissal or reduced charges.
How to Fight a DUI Charge in Montana
Timing is critical. If you’ve been arrested for DUI, you have only 30 days to request a hearing to challenge your driver’s license suspension. When you’re facing DUI charges, the stakes are high, and having the right advocate on your side can make all the difference.
At Maldonado Law, we take swift action. Our DUI defense team will:
- Review the traffic stop and arrest procedures
- Evaluate the evidence and BAC testing methods
- Explore possible violations of your constitutional rights
- Identify if medical issues or improper testing influenced your results
Common defenses may include:
- Unlawful or unjustified traffic stop
- Improperly conducted field sobriety or breath tests
- Faulty or uncalibrated testing equipment
- Health conditions that mimic signs of impairment
We’re here to guide you through every step of the legal process—from challenging license suspension to fighting for the best possible outcome in court.
DUI Legal Process
Initial Consultation
We’ll review the details of your arrest, discuss your rights, and outline possible defense strategies. Time is critical—especially when it comes to license suspension—so contact us as soon as possible.
DMV Hearing
After a DUI arrest in Montana, you have only a short window (typically 30 days) to request a hearing to challenge the suspension of your driver’s license. We’ll file that request and represent you at the hearing.
Trial (if necessary)
If your case goes to court, we’ll present a strong defense, challenge the prosecution’s evidence, and fight to protect your freedom, record, and driving privileges.
Protecting Your Record
A DUI conviction can follow you for years. We explore all options—including diversion programs or later expungement if you're eligible.
Facing a DUI? You’ve Just Found Your Defender.
Protect Your Future — Get Trusted DUI Defense Today
Facing a DUI charge in Missoula, Butte, Hamilton, or anywhere in Montana isn’t just a legal issue—it’s a personal crisis that can affect your freedom, finances, and reputation. A conviction can lead to license suspension, steep fines, jail time, and a permanent criminal record.
At Maldonado Law, we don’t just handle DUI cases—we fight for our clients’ futures. With a strong track record and deep knowledge of Montana DUI laws, we’re here to give you the aggressive, strategic defense you deserve.
Frequently Asked Questions
What happens after a DUI arrest in Montana?
After a DUI arrest, you may face both criminal charges and administrative license suspension. You have only 30 days to request a hearing to contest your driver’s license suspension. Acting quickly is critical—contact us right away to protect your rights.
Will I lose my license for a DUI?
Possibly. For a first-time DUI, your license may be suspended for up to 6 months. Refusing a breath or blood test under Montana’s Implied Consent Law can also result in automatic suspension. Our attorneys can help you fight to keep your driving privileges.
Can I fight a DUI charge?
Yes. There are multiple defense strategies we may use depending on your situation, such as challenging field sobriety tests, breathalyzer accuracy, or the legality of the traffic stop. Learn more about our comprehensive DUI defense strategy above, or schedule a free consultation.
How much does a DUI lawyer cost in Montana?
Costs can vary depending on the complexity of your case. At Maldonado Law, we offer a free consultation to evaluate your case and discuss fees. We’re upfront and transparent, so you’ll know what to expect from the start.
Can I get a DUI for prescription drugs or marijuana?
Yes. Montana DUI laws apply to alcohol, marijuana, prescription drugs, and other controlled substances. Even if your BAC is below 0.08%, drug-related impairment can still lead to a DUI charge. We explain this further in our section on What Is a DUI in Montana.