DUI

1. DRINK AT HOME
2. LEARN YOUR LIMIT
   
If your blood alcohol is over .08, you should not drive. (See How to Calculate Blood Alcohol Content.) Arrange for a designated driver, take a taxi, or walk home.

3. KEEP VERIFIABLE LIST OF THE NUMBER OF DRINKS YOU HAVE CONSUMED
-- including all bills and receipts from bars and restaurants. As a regular course, this may assist you in the event you are arrested and you are able to verify that you only consumed a certain number of drinks and under the alcohol chart you could not possibly have been under the influence.

4. PURCHASE A PORTABLE BREATH MACHINE
to determine if you have had too much to drink. If it determines that you are over the limit, you need to take a taxi or have someone else drive. Always use taxis or designated drivers after you have been drinking.

5. DO NOT VIOLATE ANY TRAFFIC LAW OR CUSTOM, SUCH AS:
• Driving with headlights off at night, or defective tail lights or headlights
• Accelerating or decelerating rapidly
• Turning abruptly or illegally or failing to utilize turn signal
• Driving slower than 10 m.p.h.
• Responding slowly to traffic signals
• Driving into or crossing traffic
• Stopping inappropriately or erratic application of brakes
• Driving with one or more tires across the center lane or lane markers
• Drifting over the center lane or fog line
• Following too closely
• Expired plates or improper registration
• Swerving --driving other than on a designated highway, weaving, almost striking an object or another vehicle, turning in a wide radius, or turning into an oncoming lane of traffic after executing a right or left turn.
6. IF STOPPED, BECAUSE YOU FORGOT #5 ABOVE:
have your driver's license, registration, and insurance papers ready. Do not fumble for your license after the officer is at your window with his flashlight. Also, see "Exercise Your Rights."

7. DO NOT TALK TOO MUCH OR VOLUNTEER INFORMATION:
this will be used against you, like "Yes. I'm drunk" or "I have had 10 beers and 3 shots."

8. DO NOT PERFORM FIELD SOBRIETY TESTS
--you will not be able to do them and this will be evidence against you.

9. PORTABLE BREATH TEST
-- In Montana, a refusal to take the portable or other breath tests will result in the suspension of your license for 6 months on a first refusal and 1 year on a second or subsequent refusal; THEREFORE, we recommend taking the breath tests and requesting a separate blood test at your expense. If you refuse to take a BAC test and your license is suspended, you have 30 days in Montana to petition the District Court for return of your license. You will need an experienced lawyer to do this. We only recommend refusing the BAC test if you know you are over .20% BAC, very drunk, or you can live with not driving for 6 months on a first refusal.

10. COOPERATE WITH THE OFFICER
--while not volunteering information.

11. KEEP A LIST OF WITNESSES
--as soon as you are released from jail, contact someone immediately so that they can speak to you and note your state of sobriety. Also make a list of witnesses, i.e. people that you were with the day that you were stopped so they can give a statement to your attorney and verify that you were not intoxicated or that you had only consumed a certain number of drinks.

12. ALWAYS PLEAD NOT GUILTY
and immediately consult with an experienced criminal defense attorney. Patrick D. Sherlock has handled hundreds of DUI cases and has a superb reputation in Western Montana. In fact, other attorneys refer their difficult cases to him.

13. RETAIN AN EXPERIENCED DUI ATTORNEY TO REPRESENT YOU
Only an experienced DUI defense attorney who has had years of jury trial experience will be able to spot favorable issues and present them to a prosecutor, judge, or jury. Also, make sure your attorney has Continuing Legal Education credits from attending current DUI seminars such as those put on by the National Association of Criminal Defense Lawyers.

TOP Exercise Your Rights
Under most circumstances, you won't be able to talk your way out being arrested if you have been stopped for drunk driving or any other criminal conduct.
Do not volunteer any information, especially if you are completely innocent. No matter what an officer may say, he/she is not on your side. Remember, anything you say can and will be used against you later, even if the police, detectives, or highway patrolman appear to be merely asking administrative or friendly questions. Inform the officer that you would like to speak with your attorney and do not volunteer any other information.
Do not answer questions, even if they seem harmless, such as: "Are you on any medications?" "Were you driving?" "Have you been drinking?" Whatever you say or do will most likely be recorded by video tape or a tape recorder on the officer's person.
If you are asked to perform any field sobriety maneuvers, politely refuse and again, remain silent. Field Sobriety tests are completely voluntary and you may be arrested regardless of whether you perform them or not. You may politely refuse to perform field sobriety tests both at the location of your stop or later at the station. There may be many reasons that you do not want to take these tests, including illness, old age, fatigue, injuries (such as from football, yard work, or past surgeries). No matter how well you perform the field sobriety tests, the officer will usually find some little nit-picking thing you did wrong and try to use it against you later. There is no sense in "helping" them convict you so don't take the field sobriety tests unless you have had less than one drink.
In the event the officer requests a breath test, keep in mind that your refusal of the breath test at the scene or later at the station could cause your license to be revoked. In Montana, on a first refusal your license could be revoked for six months or up to one year on a second refusal. If you are a truck driver or earn your living from driving, you may very well want to take the breath test and suffer the consequences of the results simply because failing to take the test would cause your license to be suspended or revoked and you could lose your job. Further, a good lawyer may be able to get your case dropped or plea bargained, even if you take the test and blow over a .08. You may also demand to be taken to a hospital for an independent blood test, which will be at your expense. An officer in Montana does have the right to determine which test or tests you may have to take, so the blood test would be an independent test at your own expense and may in fact contradict the test conducted by the police or sheriff's officer. Always be polite and respectful to police officers, highway patrolmen, and sheriff's deputies. Your demeanor is very important in determining whether or not you are intoxicated. If you appear very mad and upset on the video tape, this will not help your case in Court. Rather, you should appear calm, in control, and not agitated.
As a regular course, law enforcement in Montana video tapes the arrest, breath testing, and/or booking process. Always be on your best behavior as there is most likely a camera on you from the minute you are stopped until you are actually placed into a jail cell after booking.

Should I Take the Breath Test
If you are stopped and the officer suspects that you are driving under the influence, you may be asked to take a breath test at the scene with a portable breath test (PBT) or at the station with an Intoxilyzer 5000. You have the right to refuse these tests, but if you do your license will be suspended for 6 months with no exceptions. You will not be entitled to obtain a work permit or other temporary or probationary license. Taking the breath test is solely your decision, however you should be advised that if you are a truck driver, for example and you refuse to take the breath test you will be suspended and most likely lose your job. Accordingly, under most circumstances we would recommend that our clients take the breath test. Even if you fail the breath test you will not lose your license and will be eligible to drive even if convicted of a DUI by obtaining a provisionary license. Our experience has shown that even if you fail the breath test you may be successful in your DUI case for some other reason based on our experience and expertise.

How to Calculate Blood Alcohol Content
The following chart is to be used for estimation purposes only and does not take into account other individual factors such as your metabolism, age, how much you had to eat before consuming alcohol, and items such as medications, lack of sleep, etcetera. Please do not attempt to use this chart as an "accurate" guide.
In Montana, if your blood alcohol exceeds .08 you could be charged with Driving While Under the Influence, or DUI Per Se. To estimate your blood alcohol using the chart, first locate your body weight and then the number of drinks you have consumed. One drink equals 1 oz. of 100 proof liquor, or 1 five oz. glass of table wine, or 1 twelve ounce bottle of regular beer. Light beer has the same alcohol content as regular beer.
Second, subtract from the number you determine the percentage of alcohol burned up during the time elapsed since your first drink. Normally, a 180 lb. man would burn off approximately .015 percent per hour. Interestingly enough, many alcohol experts feel that a 180 lb. person would burn off approximately 1 drink per hour under normal circumstances. This means that if you have 3 drinks in 3 hours you should be under the alcohol limit, regardless of your weight.
TOP