Helena DUI Lawyer

The state of Montana carries strict rules regarding driving under the influence. Because of this, a DUI conviction can come with serious consequences, ranging from significant fines to increased insurance rates and even jail time. If you are currently facing DUI charges in the Helena area, it’s critical that you seek legal aid from a skilled Helena DUI lawyer who can fiercely defend your rights and combat the charges against you.

At Delli Bovi, Martin, & Reed, LLC, our experienced team of criminal defense lawyers shares years of experience helping clients in Montana fight back against their charges successfully. We understand the uncertainty and stress that can come with fighting a DUI charge, which is why we work to offer client-focused, compassionate legal representation that is tailored to your needs to secure an optimal outcome.

What Is a DUI in Montana?

Montana defines driving under the influence (DUI) as the act of operating a motor vehicle with a blood alcohol concentration of 0.08% or greater or while your driving ability is compromised by drugs or alcohol. For commercial drivers holding CDLs, their BAC can be no higher than 0.04%, as they are operating large, potentially dangerous vehicles. Additionally, for any driver under the age of 21 in Montana, it is illegal to have any traceable amount of alcohol in your system.

Depending on the details of the case, a simple DUI charge can escalate into an aggravated DUI if certain factors are present. An aggravated DUI in Montana is a DUI charge that comes with more severe, long-term penalties. Aggravating factors in Montana DUI cases include:

• Operating a vehicle under the influence with a minor present.
• Having existing DUIs already on your criminal record.
• Having a BAC of 16% or greater.
• Causing an accident that injures or kills someone else.

Potential Penalties for a Helena DUI Conviction

DUI convictions in Helena come with various consequences, all of which are dependent on factors like the defendant’s criminal history, their BAC level at the time of arrest, whether an accident took place, and more. First-time Montana DUI convictions can lead to fines, jail time, mandatory participation in drug or alcohol treatment programs, and a suspension of your driver’s license.

Once you have been charged with one DUI in Montana, all subsequent DUI convictions that you receive will have more severe penalties. A second DUI offense can come with hefty fines, mandatory installation of an ignition interlock device (IID), and long-term license suspension.

Third and subsequent DUI convictions come with serious penalties, as the government hopes they will deter the defendant from repeating their actions. If you are charged with a third or subsequent DUI in Montana, you will not only face significantly increased fines, but you’ll also be required to partake in intensive treatment programs and face extended jail or even prison time. Your license may also be permanently revoked.

The Different Aspects of a Helena DUI Charge

If you are facing a DUI charge in Helena, you will have to go through subsequent civil and criminal proceedings that are often demanding and stressful. Because of this, it is vital that you work with an experienced DUI lawyer who can help you navigate every step of your case both efficiently and effectively. An attorney from our law firm can protect your rights and interests while helping you navigate the following proceedings:

• Arrest and Booking. If an accident has occurred as a result of a DUI or if the officer determines that the defendant is inebriated during a traffic stop, they will carry out the arrest process. It is important to remain as calm as possible and pay attention to how your arrest takes place. If you believe your rights were violated at any point during your arrest, your lawyer may be able to use this to strengthen your defense.
• Arraignment Hearing. After an arrest is carried out, the defendant is required to attend an arraignment hearing. At this arraignment, the defendant’s charges are formally presented to them, and they will need to enter a plea of not guilty, guilty, or no contest. An attorney from our firm can help you understand which plea option may be optimal for your case.
• Pretrial Motions. Depending on your case, one of our lawyers may try to file motions to get certain evidence suppressed. For example, if your breathalyzer results were obtained as a result of an illegal traffic stop, they can work to get this evidence dismissed. In some cases, suppression of evidence can even help get charges dropped.
• Pretrial Negotiations. If it is suitable for your case, our attorneys may work to negotiate with the prosecution to get your charges or penalties reduced or dropped. Our team has spent years negotiating complex terms in a variety of criminal cases, always working to fight for positive outcomes for our clients.

If we cannot reach a fair and reasonable plea agreement on your behalf, we may recommend taking your case to trial. During the trial, we can bring forward strong legal arguments with robust supporting evidence to clearly tell your side of the story and protect your rights.

How Can Our Helena DUI Lawyers Help You?

From potential penalties like jail time to negative impacts on your personal and professional life, our dedicated team of Helena DUI lawyers understands just how much is at stake when you are facing a DUI in Montana. That is why our firm is focused on providing superior legal representation and support throughout every step of your case. The following are just a few of the benefits that come with hiring one of our skilled lawyers:

• Explain and Assess Your Charges. Most individuals facing criminal charges have little legal experience, making it difficult to understand the laws and potential penalties they are facing. Our knowledgeable lawyers can help you better understand the various terms of your Helena DUI charge and evaluate your circumstances. Based on this, we can discuss your legal options and work to design an optimal plan moving forward.
• Advocate for Your Rights. Our DUI lawyers can work to uphold your rights throughout each step of the DUI process, from your arrest to your trial. We can not only inform you of your rights and ensure that they are respected, but we can also fight for you when we believe those rights have been violated.
• Scrutinize the Prosecution’s Evidence. Our lawyers are adept at scouring through the prosecution’s evidence to find any holes or violations that can impact your case. By looking over each detail with diligence, we can work to find weaknesses, inaccuracies, or even illegal behavior associated with the prosecution’s evidence.
• Negotiate or Litigate on Your Behalf. Depending on the circumstances of your DUI, your case will either be settled outside of court or go to trial. If your case is settled outside of court, we can negotiate on your behalf to ensure an optimal outcome is reached. If our team believes your case should go to trial, we can build a robust defense that works to advocate for your innocence.

Common DUI Defense in Montana

There are various defenses that can be employed when an individual is facing a DUI charge in Helena. A lawyer from our firm can leverage one or more of the following DUI defense strategies with their comprehensive knowledge of the law to advocate for you in court:

• Illegal Traffic Stop. Unfortunately, many DUI charges come from illegal traffic stops where an officer violated the defendant’s rights. Our lawyers can go over the details of your case to assess whether your rights were respected when you were pulled over. If we find that the officer did not have reasonable suspicion to conduct a traffic stop or that they performed the stop illegally, evidence that was collected may be suppressed.
• Inaccurate Chemical Tests. Chemical tests, like blood or breathalyzer tests, can sometimes provide inaccurate results. This can occur for a variety of reasons, ranging from an officer not knowing how to use a device correctly to incorrect calibration or defects in the machine. If there were any issues with the tests you took during your arrest, our lawyers can use this to challenge the evidence being used against you.
• False Evidence of Impairment. Even if you blew a BAC that was above the legal limit for your situation, the prosecution will need to prove that you were actually impaired while operating your vehicle. If needed, an attorney can work to show that you had full control of the situation, despite chemical test results.
• Existing Medical Conditions. Unfortunately, there are some cases where an officer mistakes an individual as being impaired or inebriated when they are not. Whether you have an existing medical condition that impacts your behavior or you take medicine that changes your mood, these factors may be able to fight your DUI charge.

Your Helena DUI Lawyers

If you are facing DUI charges in Helena or surrounding areas, do not panic. There are options available to you, and you do not have to handle your situation alone. An experienced DUI lawyer from our firm is prepared to support you through each step of your case and fiercely advocate for your rights along the way. Contact Delli Bovi, Martin, & Reed, LLC, today to schedule a consultation and learn more about how we can assist you.