DUI Defense

A DUI charge in Montana is serious. But you have more options than you think.

Most people don't know what to do in the first 24 hours after a DUI arrest. The clock on protecting your license starts almost immediately.

At Saddle Peak Law, we handle both sides of a DUI case: the criminal charge and the license suspension petition, where necessary.

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What We Handle:

Challenging the Stop or the Evidence

Not every DUI arrest is built on solid ground. Law enforcement must follow specific procedures when stopping a vehicle, administering field sobriety tests, and conducting breathalyzer or blood tests — and when they don't, that evidence can sometimes be challenged or excluded entirely.

We are certified in DUI Detection and Standardized Field Sobriety Test (SFST) administration. That means we know the exact protocols officers are trained to follow — and we know when they haven't. That certification isn't common, and it gives us a real technical edge when reviewing the facts of your stop.

License Reinstatement & Implied Consent Hearings

After a DUI arrest in Montana where you have been accused of refusing to provide a breath or blood sample, you typically have a short window to request an administrative hearing to contest your license suspension — and that process runs completely separately from your criminal case. If you miss the deadline, you may lose your license automatically before your criminal case is even resolved.

We help clients navigate Implied Consent hearings, request hearings on time, and work toward the shortest possible suspension — or no suspension at all, depending on the circumstances.

First-Offense DUI

If this is your first DUI, you're probably not sure what to expect — and the range of outcomes is wider than most people realize. A skilled defense attorney can often make a meaningful difference in how a first offense resolves, whether that's a reduced charge, a diversion program, or minimized penalties. We'll walk you through exactly what you're facing and what's realistically possible in your case.

Flat-fee pricing available.

Repeat DUI / Felony DUI

A second, third, or fourth DUI carries significantly higher stakes — mandatory minimums, longer license suspensions, and in some cases felony charges with the possibility of prison time. These cases require a more intensive defense strategy from the start. We represent clients facing repeat DUI charges across Montana and work to identify every available avenue to reduce the impact on your life and your record.

Underage DUI

Montana has a zero-tolerance policy for drivers under 21, meaning any detectable alcohol can result in a DUI charge. The consequences — on your record, your license, and your future — can follow a young person for years. We represent minors and young adults facing DUI charges and work to minimize long-term impact, including exploring diversion and expungement options where available.

DUI in Yellowstone National Park

A DUI in Yellowstone is a federal charge, handled in U.S. District Court — not Montana state court. The process is different, the stakes are federal, and out-of-state visitors often don't realize how serious it is until they're home and the case is still open. We represent both Montana residents and visitors cited for DUI in the park and work to resolve cases as efficiently as possible, with as little disruption to your life as we can manage.

We know DUI cases from the inside out — literally.

Brittany is certified in DUI Detection and Standardized Field Sobriety Test (SFST) administration — the same training law enforcement officers receive. When she reviews a DUI stop, she's not just looking at it as a defense attorney. She's reading it against the exact standards officers are held to, and she knows when something's off.

She also spent years as a criminal prosecutor in Gallatin County, where she handled DUI cases from the other side. She knows how prosecutors evaluate these cases, what they're looking to prove, and what tends to make a case weaker than it looks on paper.

That combination — prosecution experience plus technical certification — is not something most DUI attorneys in Montana can offer.

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Frequently Asked Questions

  • Don't wait. There's a short window — often just a few days — to request an administrative hearing with the Montana Motor Vehicle Division to fight your license suspension. That deadline runs separately from your criminal case, and missing it can mean an automatic suspension. Contact an attorney as soon as possible, ideally within 24 hours of your arrest.

  • Not necessarily — but it depends on the circumstances and whether you act quickly. Montana law allows for an administrative suspension of your license after a DUI arrest with a refusal to provide a breath or blood sample. We help clients request that hearing and fight the suspension. The outcome varies based on your case, your history, and the evidence.

  • They're two separate proceedings that run at the same time. The criminal case determines whether you're convicted of DUI and what penalties apply — fines, probation, jail time. The Implied Consent process is administrative and determines what happens to your driver's license because of a refusal to provide a breath or blood sample. Both matter, and both need attention from the start.

  • Sometimes, yes. The strength of a DUI case depends heavily on whether the stop was lawful, whether field sobriety tests were administered correctly, and whether breathalyzer or blood test results are reliable. When there are problems with any of those elements, there may be grounds to challenge the evidence. Even in cases without significant evidentiary issues, first-time offenders may have options like diversion or reduced charges depending on the circumstances.

  • For eligible DUI matters, we charge a single set fee upfront — no hourly billing, no surprise invoices. You'll know what your defense costs before we start. We'll tell you in our first conversation whether your case qualifies for flat-fee pricing and what that fee is.

  • In most DUI cases, yes — but how many times and for what purposes depends on the case. In some situations we can appear on your behalf for certain hearings so you don't have to take time off work or travel. We'll be clear about what your appearance is required for and what we can handle for you.

  • Federal charges work differently than state charges. Your case will be handled in U.S. District Court, not a Montana state court, and federal DUI law applies. Don't ignore a federal citation — the consequences of a default are worse than the original charge in most cases. Contact us right away. We have experience with Yellowstone DUI cases and can often help you resolve the matter without having to travel back to the park.

  • In Montana, DUI convictions generally stay on your criminal record permanently and can be counted against you in future DUI cases for a long time. That's one reason it matters to fight the charge — even a first offense, even a seemingly minor one. We'll help you understand the long-term picture from the start so you can make an informed decision about how to proceed.