Article Source: Judnich Law, MT
Red and blue lights flash in your rearview mirror. Your hands shake as you pull over. The officer approaches and asks if you’ve been drinking. What happens next could change your life forever.
Montana earned the highest DUI severity score in the nation at 81.2 out of 100 in 2024, making it crucial for every driver to understand their rights during traffic stops. Field sobriety tests play a central role in these encounters, but many drivers don’t know they have choices.
The Difference Between Field Sobriety Tests and Chemical Tests
Montana draws a clear line between field sobriety tests and chemical testing. Montana police officers generally cannot arrest someone for refusing a field sobriety test. These physical tests like walking in a straight line or standing on one leg are voluntary.
Chemical tests are different. Montana does have an implied consent law that requires drivers to submit to breath or blood testing after arrest. This means once an officer has probable cause to arrest you for DUI, you must take the chemical test or face automatic license suspension.
The key is understanding when each type of test applies. Officers often blur this line during traffic stops, hoping drivers won’t know the difference. Field sobriety tests happen before arrest to build probable cause. Chemical tests happen after arrest to gather evidence.
Your Rights During Field Sobriety Testing
You have more control than you think during the initial phase of a traffic stop. Drivers can decline to answer invasive questions and to perform physical tasks as part of a field sobriety test. The courts cannot punish you for refusing these tests.
Officers may pressure you by saying the tests will help prove your innocence. This isn’t true. Field sobriety tests are rarely if ever used as solid evidence in court. More often, the results see use as probable cause to arrest. These tests are designed to gather evidence against you, not to clear you.
Many factors can cause poor performance that have nothing to do with alcohol. An officer may think you have poor balance due to a high blood alcohol content (BAC) level. In reality, you struggle with balance due to an inner ear infection. Medical conditions, nervousness, poor lighting, uneven pavement, or improper footwear all affect test results.
Remember that officers sometimes ask for permission to conduct tests that they could not legally justify without someone’s consent. You can politely decline field sobriety tests without giving officers grounds for arrest based solely on that refusal.
Common Mistakes That Hurt Your Case
The biggest mistake drivers make is not understanding when they’re required to comply versus when they have a choice. Many people think all police requests during traffic stops are mandatory. This confusion costs them their freedom.
Another critical error is talking too much. Everything you say can be used against you in court. Simple statements like “I only had two drinks” become evidence of impairment. Exercise your right to remain silent beyond providing basic identifying information.
Drivers also fail to document important details about the traffic stop. Poor lighting conditions, uneven road surfaces, the officer’s instructions, and your physical condition all matter for your defense. If you’re eventually charged, these details help experienced attorneys challenge the evidence.
Don’t assume cooperation will make things go easier. Police officers often count on drivers not understanding the law as they search for a justification to arrest a motorist. Officers are trained to gather evidence, not to help you avoid charges.
Getting Professional Help for DUI Defense Montana
If you’re arrested despite exercising your rights, act quickly. It is vital to act quickly when charged with a DUI in Montana, particularly if you have refused breath / blood testing, in which you only have thirty (30) days to challenge the administrative suspension of your driver’s license.
Montana’s tough stance on impaired driving makes professional legal help essential. The penalties are severe: first offenses carry 24 hours to six months in jail, $600 to $1000 in fines, and six-month license suspension. Repeat offenses bring harsher consequences including possible felony charges.
Experienced attorneys who focus on DUI defense Montana cases understand how to challenge field sobriety test evidence. They know the proper procedures officers must follow and can spot violations that weaken the prosecution’s case. They also understand the science behind these tests and their limitations.
Skilled legal representation can examine every aspect of your case, from the initial traffic stop through the testing procedures. The right attorney will investigate whether officers followed proper protocols and whether your rights were protected throughout the process.
Know Your Rights to Protect Your Future
Field sobriety tests create evidence that prosecutors use to build DUI cases. Understanding your rights helps you make informed decisions during these stressful encounters. You cannot be punished for politely declining field sobriety tests, but you must submit to chemical testing after arrest.
The stakes are too high to navigate this alone. Montana’s aggressive approach to DUI enforcement means every decision during a traffic stop matters. Know your rights, exercise them respectfully, and get professional help immediately if you’re charged.
Your future depends on the choices you make in those crucial moments when the officer asks you to step out of your car. Make sure you understand your rights before you need them.
