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Aggravated DUI in Montana is a serious criminal charge carrying penalties well beyond a standard DUI. Montana law recognizes an "aggravated" DUI when certain factors are present, such as a blood alcohol concentration (BAC) of 0.16 or higher, a prior license suspension tied to a previous DUI, or refusing a breath or blood test when the person’s driver’s license was previously suspended, canceled, or revoked under the provisions of an implied consent statute. Originally codified under MCA § 61-8-465, Montana’s aggravated DUI provisions were repealed and recodified in 2021 under MCA §§ 61-8-1001, 61-8-1007, and related sections, effective January 1, 2022. If you are facing aggravated DUI charges in Missoula,

Can Missoula Police Charge a DUI Without Actual Driving? Yes, Missoula police can charge you with a DUI even if you were not actively driving your vehicle. Under Montana law, a person commits the offense of driving under the influence if they drive or are in "actual physical control" of a vehicle while impaired by alcohol, drugs, or a combination of both. This means that sitting in a parked car with the keys accessible while intoxicated could potentially result in DUI charges. Understanding how Montana’s actual physical control law works is critical for anyone facing these charges in Missoula or throughout the state. If you have been arrested or cited

Can a DUI Charge Be Dismissed in Missoula, Montana? Facing a DUI charge in Missoula can feel overwhelming, but dismissal is possible under the right circumstances. Montana law provides several avenues for challenging DUI charges, from contesting the legality of the traffic stop to disputing the accuracy of chemical testing. While the state takes impaired driving seriously, the prosecution must still prove every element of its case beyond a reasonable doubt. Understanding your rights and the potential weaknesses in the evidence against you is the first step toward building an effective defense strategy. If you have been arrested for DUI in Missoula, contact Tipp Coburn Lockwood P.C. at 406-506-0575 to