DUI - Montana Administrative License Suspensions
Why was my license taken after my DUI arrest?
Drivers in the state of Montana have given their implied consent to submit to a blood alcohol content test if asked to do so after they are arrested for drunk driving. Chemical testing can include a test of the drivers blood, breath or urine and may be administered by a law enforcement officer. [caption id="" align="alignright" width="300" caption="Map of Montana"]
Process after DUI arrest in Montana
If you have been arrested for drunk driving in Montana the arresting officer will confiscate your drivers license and give you a temporary driving permit. The driving permit is good for five days from the date the officer issues it. The police officer should also provide you with written notification of your right to request an administrative hearing to challenge your license suspension. The officer will send your drivers license to the appropriate Montana driving department and you will have 30 days to file a petition for a hearing to challenge your license suspension.Challenging a Montana Administrative License Suspension in Court
If you do hire a DUI lawyer and decide to challenge the Montana administrative license suspension you will not be attempting to prove that you are not guilty of drunk driving. You will, however, be challenging the following:- Did the officer have reasonable grounds to believe the driver was driving, had been driving or had actual physical control of the motorized vehicle?
- Was the driver arrested?
- Did the driver refuse to submit to the test upon the request of the law enforcement officer or whether a properly administered test or tests disclosed an alcohol concentration of 0.08?
- Did the officer inform the arrested person of the fact that refusal to permit the test would result in suspension of his or her license or driving privilege and that testing above the legal limit would also result in a license suspension?
Related articles
- DUI - Refused Blood Alcohol Content (BAC) Test. Was this a good idea? (duiattorneyhome.com)
- Drunk driving - Administrative License Suspension after a DUI (duiattorneyhome.com)
- DUI: Can I win my drunk driving charge if BAC was 0.0%? (duiattorneyhome.com)