Dave Maldonado Missoula DUI defense lawyer - Free Consultations
Facing DUI Charges in Missoula? You’ve Found Your Defender.
At Maldonado Law, PLLC, we provide aggressive, strategic DUI defense for people in Missoula and throughout Western Montana. A DUI conviction can threaten your license, your job, and your freedom — but with the right defense, you can fight back. Whether you were pulled over downtown, near the university, or on Highway 93, we understand how Missoula DUI cases are prosecuted — and how to defend them.
Understanding DUI Charges
Charged with DUI in Missoula? You don’t have to face it alone.
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
Missoula law enforcement regularly conducts DUI patrols and checkpoints near downtown, the university, and major highways. We’ve defended many cases where legal medication or flawed testing led to an unjust charge.
“No matter the circumstances of your arrest, we’ll treat your case with the urgency and skill it deserves.” — Dave Maldonado, Missoula DUI Lawyer
You only have 30 days after your arrest to request a hearing with the Montana Motor Vehicle Division (MVD) at the Missoula DMV to prevent your license from being automatically suspended. Our team helps Missoula drivers:
- File the hearing request before the deadline
- Prepare for and attend your license suspension hearing
- Begin building your defense immediately
With over a decade of legal experience, our attorneys know how DUI laws are charged and enforced in Missoula County—and how to challenge them. From first-time offenses to felony DUIs, we’ve helped countless clients protect their rights and their futures.
Missoula law enforcement takes impaired driving seriously. DUI arrests are common near the University District, downtown bars, and along Brooks Street and Highway 93. Each case is handled by either the Missoula Municipal Court or Missoula County Justice Court, depending on jurisdiction. Our team is familiar with how local prosecutors operate and what strategies are most effective in Missoula courtrooms.
DUI Penalties in Montana
If you're convicted of DUI in Missoula, you could lose your license, face jail time, and carry a permanent mark on your record — affecting your ability to work or travel.
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)
Repeat DUI offenses in Montana carry increasingly severe consequences. A second DUI within 10 years may result in 7 days to 1 year in jail, fines up to $1,000, a 1-year license suspension, and mandatory treatment programs. A third offense can lead to felony charges, up to 5 years in jail, fines of $5,000, and a minimum 3-year license suspension. These convictions come with long-term consequences, including increased court supervision, substance abuse monitoring, and a permanent criminal record.
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
Missoula's Best DUI Defense
Comprehensive DUI Defense Strategy
At Maldonado Law, we know that no two DUI cases are the same. We have fought and won many DUI cases in Missoula, and are familiar with the courts and process of building the best defense for your case.
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 Missoula
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.
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Get a reliable Montana DUI defense lawyer
Facing a DUI? You’ve Just Found Your Defender.
Facing a DUI charge 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 in Montana, you may face both criminal charges and administrative license suspension. You only have 30 days to request a hearing with the Motor Vehicle Division (MVD) to contest your driver’s license suspension. Acting fast is crucial—especially in Missoula where enforcement is strict and court deadlines come fast. Contact us immediately to protect your license and build a defense.
Will I lose my license for a DUI?
Possibly. For a first-time DUI offense, your license may be suspended for up to 6 months. If you refused a chemical test (breath or blood), Montana’s Implied Consent Law allows for automatic suspension—even if you’re never convicted. We can help you challenge the suspension and fight to keep you on the road.
Can I fight a DUI charge?
Absolutely. DUI charges can be challenged in court by questioning the legality of the traffic stop, accuracy of field sobriety tests or breathalyzer results, and other procedural issues. Our team has successfully fought DUI charges in Missoula County and knows the local legal system well.
How much does a DUI lawyer cost in Missoula?
The cost varies depending on the complexity of your case, whether it’s your first offense, and other factors. At Maldonado Law, we offer a free consultation to evaluate your case and explain pricing clearly—so you’ll know what to expect upfront.
Can I get a DUI in Missoula for prescription drugs or marijuana?
Yes. Under Montana law, you can be charged with DUI even if your BAC is below 0.08%, if you are impaired by prescription medication, marijuana, or any other drug. This is especially common in Missoula, where police take a hard stance on drugged driving. We’ll investigate whether testing was flawed or your rights were violated.
Where do Missoula DUI cases go to court?
Most DUI arrests in Missoula are handled by either the Missoula County Municipal Court or Justice Court, depending on the arrest location and whether the offense is a misdemeanor or felony. We’re familiar with both courts and the prosecutors who handle DUI cases locally.
Learn more about DUI laws in Montana
We’ve written a series of short, easy-to-read articles that explain Montana DUI penalties, driver’s license consequences, how DUI impacts your gun rights, and more. Check out our Montana DUI Blog →