Montana Driving Under the Influence - DUI - Questionnaire

State:
Multi-State
Control #:
US-Q1012
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

If you've been accused of DUI The case could be dismissed on a technicality by the judge. The case could be dismissed by the prosecutor. The case could be resolved via a deferred prosecution agreement, where charges are ultimately dismissed. The case could be transferred to a DUI treatment court.

While consistently rated among the states with the most drunk drivers, Montana also boasts some of the weakest DUI laws in the nation. As detailed by Daily Inter Lake reporter Kate Heston, it takes a driver getting four DUIs before it becomes a felony in Montana.

§ 61-8-714 (1): On a DUI first offense, the minimums and maximums are: Jail time: 24 hours ? 6 months. Fine: $600 ? $1,000. The person must also pay for and complete the ACT assessment, education, and treatment program as required by M.C.A.

DUI Per Se (1st Offense): Fine between $600-$1,000; up to 6 months in jail, suspension of driver's license for at least 6 months, completion of ACT program, prohibited from entering bars or s or possessing alcohol for 6 months after conviction.

First-time DUI offenders will likely face misdemeanor criminal charges unless there are extenuating circumstances such as causing an accident or having a child in the car. In most cases, offenders will have their licenses suspended and be sentenced to probation.

Another reason Arizona is known as the toughest for first-time offenses is that you will lose your license the moment you are under arrest for a DUI.

If you refuse a lawful request for a breath or blood test (urine is rarely tested), and you have your license with you, it will be seized and forwarded to the Department of Motor Vehicles, along with an Implied Consent Refusal Certification form. This form documents that you refused one or more of the requested tests.

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Montana Driving Under the Influence - DUI - Questionnaire