Steps to Take Immediately After a DUI Arrest in Missoula, Butte, Hamilton, or Anywhere in Montana
Being charged with a DUI in Montana is serious. Whether it’s your first offense or you have prior convictions, the decisions you make right after your arrest can significantly impact your future.
At Maldonado Law, PLLC, we’ve helped hundreds of Montanans fight DUI charges. Here’s what to do if you’ve been arrested or cited for driving under the influence.
1. Remain Calm and Cooperate With Law Enforcement
Even if you believe the stop was unjustified, avoid arguing or resisting. Cooperating during the traffic stop and arrest can prevent additional charges like obstruction or resisting arrest.
Pro Tip: You are not required to answer incriminating questions like “Have you been drinking?” Politely decline and request an attorney.
2. Understand the Penalties You’re Facing
Montana DUI penalties depend on whether it’s your first, second, or third offense—and if there were aggravating factors (like an accident or a high BAC). You could be facing:
- Jail time
- Fines and court fees
- License suspension
- Mandatory alcohol treatment
- Installation of an ignition interlock device
Each case is unique, but even a first DUI in Montana can result in jail time and a 6-month license suspension.
3. Contact a Montana DUI Defense Attorney
Don’t wait. The sooner you hire an experienced criminal defense lawyer, the better chance you have of avoiding jail time, protecting your license, and reducing charges.
We know the local courts, prosecutors, and DUI diversion options—and we use that knowledge to fight for the best outcome possible. At Maldonado Law, we offer strategic DUI defense in:
Missoula, Butte, Hamilton, Anaconda, Philipsburg, Helena, Kalispell, Polson
4. Request a DMV Hearing Immediately
You only have 30 days from your arrest to request a hearing with the Montana Motor Vehicle Division (MVD) to try and keep your driver’s license
Let your attorney handle this for you—we’ll file the request and start building your defense immediately.
⚠️ Miss this deadline, and your license may be suspended automatically.
5. Write Down Everything You Remember
As soon as possible after your arrest, write down:
- Where and when you were stopped
- What the officer said or asked
- Whether you were given a field sobriety test or breath test
- What you had to drink (if anything), and when
- Any witnesses who were with you
This info can help your attorney challenge the legality of the stop or the accuracy of the test.
6. Don't Talk to Prosecutors Without a Lawyer
Even if they offer you a deal that “sounds good,” don’t plead guilty or accept a diversion program without speaking to a DUI lawyer.
Montana DUI law is complex, and what looks like a quick resolution could have long-term consequences, including permanent marks on your criminal record.
7. Prepare for Court
If you’re formally charged, you’ll need to appear in court. Your attorney can:
- Request discovery (police reports, body cam footage, test results)
- Negotiate for reduced charges
- Represent you at trial if necessary
At Maldonado Law, we prepare every DUI case as if it’s going to trial—because that’s how you get the best results, whether or not you end up going to Trial.
Charged With DUI in Montana? We’re Here to Help.
A DUI conviction can impact your job, your license, and your future. But you have options—and a strong defense can make all the difference.
Contact Maldonado Law, PLLC for a free consultation today. We serve clients throughout Western and Central Montana, including Missoula, Butte, Hamilton, and surrounding areas.
