Montana's Implied Consent Law: Protecting Your Driving Privileges

Whether you’re a seasoned driver or just starting out, understanding Montana’s “Implied Consent” law is essential. In this article, we’ll dive into what the Implied Consent law is, how it affects your driver’s license, and how hiring an attorney can help safeguard your driving privileges.

What is Montana’s Implied Consent Law?

Montana’s Implied Consent law essentially means that when you operate a motor vehicle on our state’s roads, you automatically consent to submit to chemical tests (such as breath, blood, or urine) if you are suspected of driving under the influence (DUI) of alcohol or drugs. This law comes into play during traffic stops and DUI arrests.

How It Affects Your Driver’s License:

Refusing to take a chemical test when asked by law enforcement can and will have consequences for your driver’s license. Here’s what you need to know:

1. License Suspension: If you refuse a requested chemical test, your driver’s license will be immediately ceased, and you will also be subject to a $300 administrative fee. The automatic license suspension will last for a specific period, even if you are not ultimately convicted of a DUI.
2. Longer Suspensions for Repeat Offenders: If you’ve previously refused a chemical test, the suspension periods for subsequent refusals can be longer.
3. Affect at trial: The state may also use proof of a person’s refusal as a rebuttable inference that you were under the influence of alcohol in a subsequent criminal action. The jury may infer from the refusal that you were under the influence of alcohol.

Under the automatic license suspension, your license will be suspended for six months for a first offense, one year for a second or subsequent violation. You will not be able to get a restricted probationary license.  This means you will not be allowed to drive for any reason during your suspension.

Automatic Suspension:

There may, however, be an alternative to this automatic suspension.  Under Montana law, a person has 30 days to petition to challenge the license suspension in the district court. At the hearing, the court will determine whether the person is entitled to a license based on the following:

1. Whether the peace officer had reasonable grounds to believe the person had been driving or was in actual physical control of a vehicle upon ways of this state open to the public under the influence of alcohol, drugs, or a combination of the two;
2. Whether the peace officer had probable cause to believe the person was driving or in actual physical control of a vehicle and involved in an accident; and
3. Whether the person refused to submit to one or more tests designated by the officer.

If you’re facing the potential loss of your driving privileges due to a DUI arrest and refusal to take a chemical test, hiring an experienced Montana attorney can make a significant difference.

The process of seeking license reinstatement can be difficult. With an attorney by your side, you’ll receive expert guidance through this journey, potentially minimizing the duration of your license suspension.

Montana’s Implied Consent law is an important element of our state’s legal landscape, and comprehending its implications is pivotal for every driver. If you find yourself ensnared in DUI charges with the looming threat of a suspended license, remember that you don’t have to navigate these treacherous waters alone. Consult with a Montana attorney who can adeptly guide you through the intricate web of the legal system. Drive responsibly, Montana, and ensure your legal rights are fiercely protected.