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Billings DWI Lawyers

1. D'Alton Law Firm: Criminal Defense
2. Arndorfer Law Firm: DUI An allegation of Driving Under the Influence is a very serious charge. The legislature has continuously updated and changed the laws on DUI, creating new and continuous questions about how a trial should be handled. The allegation can also be charged as Driving with a .08 or greater Blood Alcohol Content. This is a very similar charge and the difference between it and DUI are only in the punishment under a first offense. Driving with a .08 or greater on a first offense does not carry mandatory jail time as does a DUI. I am asked frequently about how long a DUI stays on your record. There is no simple answer accept that even the allegation stays on a computer somewhere, especially locally, forever, even if the charge is dropped or won at trial. The law still stands that in order for a previous charge of DUI or .08 or greater to be counted for a second or third offense it must be within 5 years. Thus if you get a DUI or .08 conviction once every 5 years and one day each one is a first offense. A new law was passed that says if you ever, in your lifetime, whether here or in another state, have been convicted of a DUI or driving with a .08 or greater more than three times, it is a felony offense. That means you could have three first offense convictions and any other is a felony offense. The first issue must always be what convictions can be counted? It is important to get competent advice on what you are facing before entering a guilty plea. You can always plead guilty later, but once you plead guilty it is difficult if not impossible to withdraw that plea. The legislature always changes the DUI laws. There are a vast array of changes to the law. On Second or subsequent offenses you may no longer receive a probationary license. On any offense if there is someone under the age of 16 in the vehicle with the driver, the penalties are increased. The fines have increased as has some areas of jail time sentences. In other areas, the Montana Supreme Court has issued another ruling on the admissibility of the preliminary breath test used out at the scene of the stop. This is the small portable machine. These are not allowed in evidence in any trial unless the prosecution has first requested a hearing and shown that machine is reliability.
3. Billings Legal: Criminal law is a type of law involved in punishing people for committing crimes against the state. Crimes against the state include many types of infractions of the law. In the US a criminal justice system is set up in order to rectify crimes and to ensure that they do not continue to happen. Criminal justice can be meted out with something as minor as a warning or fine to penalties as serious as the death penalty. In the US, defendants suspected of committing some criminal act can either pay for a lawyer on their own or have a court-appointed public defender commissioned at the expense of the state. Do you need to find an expert criminal defense attorney? Criminal charges may be filed against someone because of testimony given by another person or persons. Criminal charges may also be filed against someone with no testimony or accusation as well, usually initiated by some law enforcement department official. The notion of Òinnocent until proven guiltyÓ is the key component of the US Criminal Justice system. Therefore in criminal proceedings the burden is on the prosecutor to prove the crime occurred beyond a reasonable doubt . It is important, therefore, to retain legal counsel that has years of experienced in trying similar cases as yours. Criminal cases tend to be complex and highly complicated legal matters. If you or someone you know is involved in a criminal legal matter, you must contact an experienced criminal law lawyer immediately.
4. Neuhardt, Solomon: DUI A DUI offense is considered a misdemeanor charge and can result in jail time, license suspension, and points on your driving record, fines, counseling and probation. A DUI charge and conviction can have dramatic affects on your future. An attorney experienced in defending people charged with driving under the influence will be able to help keep you out of jail.
5. Gregory Johnson: You should consult an attorney for individual advice regarding your own situation.
6. Arndorfer Law Firm: DUI ALLEGATIONS The charge of driving under the influence is very serious allegation. It will follow you for the rest of your life. The question is often asked in questionaires for Life or Health Insurance applications, along with many other types of applications. Montana has passed a Felony DUI statute that makes it a felony offense if you have ever had three previous convictions in your lifetime. When people say it "stays on your record" for five years, this is simply not true. It is always there. For puposes of first, second or third offense it is within five years. For points toward a Habitual Traffic Offender it is points within three years. However, for being of record, it is always there. Montana has a similar crime, called Driving with a Blood Alcohol Content of .08 or more. It has all the same implications, including points toward Habitual Traffic Offender and being counted in first, second or third offenses of either charge. The only difference is mandatory jail time.