FAQs

Do I have to take a chemical test if I am stopped for DUI / DWI?
Are the breath tests the police give on the scene accurate?
I've been charged with DWI/DUI. Do I need a lawyer?
I was stopped at a police roadblock and asked to wait to the side and answer the officer's questions. Is this legal?
How long will a reckless driving conviction stay on my record?
How drunk does a person need to be before he can be convicted of DUI?



Do I have to take a chemical test if I am stopped for DUI / DWI?

You may refuse to take a roadside chemical test (breath test, blood test or urine test) during a DUI stop, but most states have an "implied consent" law that says a refusal might result in your driver's licence being suspended for up to 12 months. If your case goes to trial, the prosecutor can also tell the jury that you refused the test, which could lead the jury members to infer that you refused because you were intoxicated at the time.

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Are the breath tests the police give on the scene accurate?

Not always! These breath-test machines, both roadside and the ones at the police stations are, in fact, subject to error. Holding your breath or hyperventalating can drastically alter your reading by a 25% margin. The potential for inaccuracy can also be seen in the instruction to "blow hard" into the machine. This can affect your results and give you a higher reading. And to top it all off, these machines are not usually properly maintained, so there is even more margin for error depending on which machine is being used.

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I've been charged with DWI/DUI. Do I need a lawyer?

It is advisable. A good DUI attorney is well versed in specific scientific and medical concepts, has the ability to deal with tough witnesses (scientists, police officers, etc.), and can help you fight your DUI charge. It's hard to win a DUI case if there is ample physical evidence, however if the police don't have the physical evidence needed (actual test results, for instance) then a good attorney can get your case pleaded down, or maybe even dismissed.

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I was stopped at a police roadblock and asked to wait to the side and answer the officer's questions. Is this legal?

Yes, it is. If the police officers are following the law and using a "neutral policy" when selecting cars (such selecting every fourth car) and try to minimize any inconvenience to you and the other drivers then they are within the law. The police officer(s) cannot single you out unless they have good reason to to do so.

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How long will a reckless driving conviction stay on my record?

As a misdemeanor, a reckless driving conviction will remain on your Montana criminal record permanently. However, reckless driving will be removed from your DMV record after eleven years.

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How drunk does a person need to be before he can be convicted of DUI?

It is not legal to drive while "impaired" by the effects of alcohol or drugs. There must be enough of these substances in the person's body to prevent him from thinking clearly. Most drivers get to this level well before they would consider themselves drunk. A person who adult who has a blood alcohol content of .08% or above is breaking the law and could be convicted of DWI/DUI.

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