Montana DUI Court Process

This section provides a brief overview of the criminal DUI court process that occurs subsequent to a DUI arrest in Montana. For more information on the civil administrative case that may also be filed, see the article about Montana DUI license suspensions.

The DUI Criminal Court Process In Montana

ARRAIGNMENT - The first court appearance following an arrest for DUI in Montana is called an arraignment. At this hearing, you will appear before a judge who will formally read the charges that have been filed against you. You will be advised of your rights and asked to enter a plea. If a guilty plea is entered, you will waive your right to trial and a sentence will be imposed. If a plea of not guilty is entered, the case will be set for trial.

PRETRIAL HEARINGS - The next court appearance following the arraignment is a pretrial hearing. You or your lawyer will appear again before the juge to update him/her on the status of your case. A pretrial hearing is also an opportunity for you or your attorney to meet with the prosecutor to discuss a potential plea agreement.

MOTION HEARINGS - If any issues need to be addressed prior to trial, such as the exclusion of evidence, then a motion must be filed. Motions will be addressed at a separate motion hearing where testimony and evidence will be heard. If a motion is successful, the evidence will not be admissible at trial.

TRIAL - In Montana, DUI defendants have a right to a trial by jury. Each defendant will be presumed innocent until proven guilty. The prosecution has the burden of proof to establish every element of the offense charged, and to prove that you were the person who committed the offense. A defendant may opt for a bench trial instead of a jury trial, wherein the judge will act as both judge and jury to determine the issues of law and issues of fact. Whether a bench or jury trial should take place is a strategic decision that should be fully discussed with an experienced attorney.

APPEAL - Following a guilty verdict, Montana DUI defendants have a right to appeal to higher courts for review. The request for an appeal must be made in writing and in accordance with the relevant applicable time limits, however, or the right to appeal will be considered waived.

Montana DUI Court Process Is Local

The above process is a general overview meant to get you familiar with the general stages of the process that apply anywhere in the state. It is important to note that each county and court may have slightly different local customs and procedures. For that reason, it is important to review your case with an experienced local Montana DUI lawyer who is familiar with the process in the county where you are charged.