DUI Defense | Protect Your Rights — McKenzie Law PLLC
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In a mess? Call Wes!
Being pulled over and charged with a DUI is one of the most stressful experiences you can face. Your driving privileges, your finances, and potentially your freedom are all on the line. Wes McKenzie Law PLLC represents clients throughout Bozeman, Belgrade, and the state of Montana, and Wes McKenzie will work to understand every detail of your case and build the strongest possible defense.
Montana’s DUI Penalties
Montana treats DUI charges seriously, and the penalties escalate significantly with each subsequent offense within your lifetime. Montana uses a lifetime lookback period rather than resetting after a set number of years. Even a first offense can carry jail time, fines, license suspension, and a mandatory alcohol education course. Certain factors (a high BAC, a minor passenger in the vehicle, causing an injury) can elevate charges further. Because the consequences compound quickly, getting experienced legal representation early matters at every offense level, not just repeat charges.
Understanding DUI Charges in Montana
In Montana, it’s illegal to drive with blood alcohol concentration (BAC) of 0.08% or higher for drivers 21 and older, 0.04% for commercial drivers, and 0.02% for drivers under 21. Montana’s implied consent law means that by driving in the state, you’ve already agreed to breath, blood, or urine testing if a law enforcement officer has reasonable grounds to request it. Refusing that test carries its own separate penalties, including an automatic license suspension, regardless of whether you’re ultimately convicted of DUI.
Common DUI Defense Strategies
Every DUI case is different, but defense strategies often include challenging whether the traffic stop itself was legally justified, questioning how field sobriety tests were administered, examining whether breath or blood testing equipment was properly calibrated and maintained, and reviewing the chain of custody for any test results. An experienced DUI defense attorney reviews every detail of the arrest and testing process to identify where your rights may not have been fully protected.
What to Do If You’re Arrested for a DUI
If you’re pulled over and suspected of DUI: remain calm and polite with law enforcement, but avoid answering questions about how much you had to drink and where you were coming from beyond providing basic identification. You have the reight to remain silent and the right to an attorney—use both. Contact a DUI a defense attorney as soon as possible after your arrest; early involvement can matter for time-sensitive steps like requesting a hearing on license suspension.