Montana Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Montana or Court of Appeals of Montana where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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State v. Wolfe - 8/25/2003
Submitted on Briefs: May 13, 2003
Valoree Jean Wolfe (Wolfe) appeals from the judgment entered by the Twentieth Judicial District Court, Lake County, on her conviction and sentence for felony driving under the influence (DUI)....
State v. Joseph - 8/25/2003
Submitted on Briefs: May 13, 2003
Yvonne Nancy Joseph (Joseph) appeals from the judgment entered by the Twentieth Judicial District Court, Lake County, on her conviction and sentence for felony driving under the influence...
State v. Toth - 8/12/2003
Submitted on Briefs: April 24, 2003
Following an arrest for driving under the influence of alcohol, Appellant Michael Toth moved the Fifth Judicial District Court, Madison County, to suppress the evidence obtained following a...
State v. Topp - 8/12/2003
Submitted on Briefs: August 22, 2002
Michael Patrick Topp (Topp) was convicted in the Twenty-First Judicial District Court, Ravalli County, on his guilty pleas to one felony and two misdemeanor offenses. Topp appeals from the...
State v. Keenan - 7/30/2003
Submitted on Briefs: April 4, 2002
Appellant Elroy Patrick Keenan (Keenan) appeals from the order entered by the Fourth Judicial District Court, Missoula County, denying Keenan's motion to dismiss or to amend the charge of...
Cityof Missoula v. Lesko - 7/10/2003
Submitted on Briefs: January 30, 2003
Mikhail Y. Lesko (Lesko) appeals from the order of the Fourth Judicial District Court, Missoula County, affirming the conviction and sentence entered by the Missoula Municipal Court...
State v. Vandersloot - 7/10/2003
Submitted on Briefs: October 11, 2001
Jonathan Wayne Vandersloot challenges his jury conviction on the charge of criminal sale of dangerous drugs to a fellow jail inmate and appeals two evidentiary rulings of the Thirteenth...
State v. Spotted Eagle - 6/23/2003
Heard: April 11, 2003
Submitted: April 11, 2003
The Appellant, Eugene Spotted Eagle, was charged with operating a motor vehicle under the influence of alcohol, a felony, in the District Court for the Ninth Judicial...
Gratzer v. State - 6/19/2003
Submitted on Briefs: June 19, 2003
Steven Kurt Gratzer (Gratzer) appeals the District Court's denial of his petition for post-conviction relief. We affirm.
The sole issue for consideration is: Whether the District Court...
State v. Turnsplenty - 6/3/2003
Submitted on Briefs: April 18, 2002
Dan Turnsplenty (Turnsplenty) appeals from his conviction of driving under the influence of alcohol following a jury trial in the Thirteenth Judicial District Court, Yellowstone County, on...
State v. Herrman - 5/28/2003
Submitted on Briefs: October 31, 2002
Raymond Herrman (Herrman) appeals from his conviction of driving under the influence of alcohol following a jury trial in the Montana Thirteenth Judicial District Court, Yellowstone County....
State v. Gulbranson - 5/13/2003
Submitted on Briefs: February 13, 2003
Kaare Douglas Gulbranson (Gulbranson) appeals from the judgment entered by the Eleventh Judicial District Court, Flathead County, on its order revoking his suspended sentences. We affirm. ...
State v. Flanagan - 4/29/2003
Submitted on Briefs: February 27, 2003
Jack Wayne Flanagan pled guilty to felony sexual assault. The Fourteenth Judicial District Court, Musselshell County, imposed a 10- year prison sentence, suspended on conditions. Flanagan...
State v. Crawford - 4/29/2003
Heard: April 29, 2002
Submitted: May 14, 2002
Michael Duane Crawford (Crawford) was charged with five separate driving-related offenses, including felony driving under the influence (DUI). He pled guilty to three of these...
State v. Wagner - 4/29/2003
Submitted on Briefs: October 10, 2002
Following an arrest for driving under the influence of alcohol, Appellant Judd Wagner moved the Broadwater County Justice Court to dismiss the charge based on the arresting officer's lack...
State v. Weldele - 4/29/2003
Heard: April 29, 2002
Submitted: May 14, 2002
Bryan Weldele (Weldele) was convicted of felony driving under the influence (DUI) and assault on a minor. He raises eight issues on appeal. We affirm.
ISSUES
...
State v. Stiffarm - 4/3/2003
Submitted on Briefs: December 19, 2002
The State of Montana charged Defendant, Daniel Lee Stiffarm, with one count of felony assault in the District Court for the Eighth Judicial District in Cascade County. Stiffarm moved to...
State v. Martinez - 4/1/2003
Heard: October 2, 2001
Submitted: December 12, 2002
Jesus Martinez and Daniel Olson pled guilty to felony drug offenses, while preserving the right to appeal the denial of separate motions to suppress evidence gathered as...
Neal v. State - 3/25/2003
Submitted on Briefs: January 31, 2002
Appellant Kent D. Neal (Neal) appeals from the order of the Twentieth Judicial District Court, Sanders County, in favor of Respondent State of Montana, denying Neal an award of costs...
State v. Fisher - 2/25/2003
Submitted on Briefs: February 6, 2003
Michael D. Fisher appeals from the sentence imposed by the District Court of the Fifth Judicial District, Beaverhead County. He contends that the sentence is illegal in that, contrary to...
State v. Kvislen - 2/19/2003
Submitted on Briefs: May 9, 2002
Michael Kvislen (Kvislen) appeals from his conviction in the Thirteenth Judicial District Court for felony DUI. We reverse.
The following issues are raised on appeal:
(1) Whether...
State v. Bingman - 12/30/2002
Submitted on Briefs: June 13, 2002
Appellant James Dean Bingman was convicted of a fourth or subsequent offense of driving under the influence of alcohol in the Eighteenth Judicial District Court, Gallatin County. As the case...
State v. Beanblossom - 12/30/2002
Submitted on Briefs: April 25, 2002
The defendant, Dale Beanblossom (Beanblossom), was charged with "Driving under the Influence of Alcohol, Fourth or Subsequent Offense" in violation of §§§§ 61-8-401 and -731, MCA. Beanblossom...
State v. Lacasella - 12/19/2002
Submitted on Briefs: August 29, 2002
The Appellant, Gary Lacasella, was charged with driving under the influence of alcohol (DUI) and driving with his license suspended in Missoula County Justice Court. He pled guilty to the...
State v. Taylor - 12/19/2002
Submitted on Briefs: May 9, 2002
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document with...
Moore v. State - 12/17/2002
Submitted on Briefs: December 5, 2002
Following an arrest for driving under the influence of alcohol, the Appellant, Joseph Moore, filed a petition in the Second Judicial District Court, Silver Bow County, for reinstatement of...
In re N.A. - 12/12/2002
Submitted on Briefs: October 31, 2002
Steven, the natural father of B.A. and A.A., appeals from the findings of fact and conclusions of law entered by the Sixteenth Judicial District Court, Custer County, terminating his...
In re M.D.M. - 12/12/2002
Submitted on Briefs: August 22, 2002
Appellant Father, Vernal M., appeals from the Thirteenth Judicial District Court's judgment terminating his parental rights. We affirm.
The following issue is raised on appeal: ...
Ellenburg v. State - 12/12/2002
Submitted on Briefs: October 31, 2002
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document...
State v. Frick - 12/12/2002
Submitted on Briefs: November 7, 2002
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent but shall be filed as a public document...
State v. Finley - 12/10/2002
Submitted on Briefs: July 11, 2002
Daniel Warren Finley (Finley), pursuant to a plea agreement, plead guilty to felony DUI and received a one-year sentence in the Montana State Prison with three years suspended. He filed a pro...
Workman v. State - 12/10/2002
Submitted on Briefs: October 3, 2002
Pursuant to Section I, Paragraph 3(c), of the Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent but shall be filed as a public...
State v. Howard - 12/5/2002
Submitted on Briefs: April 18, 2002
In October 2000, the defendant, Nanette Maureen Howard (Howard), was charged with two offenses filed in Missoula County District Court:
Operating a Motor Vehicle While Under the...
State v. Hamilton - 11/26/2002
Submitted on Briefs: June 13, 2002
Following his conviction for driving under the influence of alcohol (DUI) in Treasure County Justice Court, the Defendant, Daniel D. Hamilton, appealed to the District Court for the Sixteenth...
Dorwart v. Caraway - 10/31/2002
Argued and Submitted: March 19, 2002
This matter was previously before the Court in Dorwart v. Caraway, 1998 MT 191, 290 Mont. 196, 966 P.2d 1121 (Dorwart I). There, we held that the Plaintiffs' state constitutional rights to...
Smaage v. State - 6/18/2002
Submitted on Briefs: May 30, 2002
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document with...
State v. Boucher - 5/30/2002
Submitted on Briefs: August 9, 2001
Robert John Boucher (Boucher) appeals the denial of his appeal to the Fourth Judicial District Court. Boucher entered a plea of guilty to driving under the influence of alcohol in Mineral...
Patterson v. State - 5/9/2002
Submitted on Briefs: January 31, 2002
Appellant State of Montana, Department of Justice, Motor Vehicle Division, appeals from an order issued by the Fourth Judicial District Court, Missoula County, which granted Respondent...
State v. Nobach - 5/7/2002
Submitted on Briefs: November 8, 2001
David Paul Nobach appeals from the Judgment and Sentence entered by the Eleventh Judicial District Court, Flathead County, on a jury verdict convicting him of the misdemeanor offense of...
State v. Pettijohn - 4/16/2002
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable Douglas G. Harkin, Judge presiding.
Submitted on Briefs: October 25, 2001
On September 12, 2000, Larry...
State v. Yorek - 4/16/2002
APPEAL FROM: District Court of the Twenty-First Judicial District, In and for the County of Ravalli, The Honorable Jeffrey H. Langton, Judge presiding.
Submitted on Briefs: November 1, 2001
On January 2, 2001, Terry Yorek...
State v. Clayton - 4/4/2002
APPEAL FROM: District Court of the Eighteenth Judicial District, In and For the County of Gallatin, Honorable Thomas A. Olson, Judge Presiding
Submitted on Briefs: December 6, 2001
1 Ted William Clayton (Clayton) was...
State v. Krause - 4/2/2002
APPEAL FROM: District Court of the Fifth Judicial District, In and for the County of Beaverhead, The Honorable Robert J. Boyd, Judge presiding.
Submitted on Briefs: February 8, 2001
1 Kade George Krause appeals an order of...
State v. Peterson - 4/2/2002
APPEAL FROM: District Court of the Tenth Judicial District, In and for the County of Fergus, The Honorable John R. Christensen, Judge presiding.
Submitted on Briefs: February 1, 2001
I. INTRODUCTION
1 Todd Peterson...
State v. Morgan - 3/26/2002
UNPUBLISHED
APPEAL FROM: District Court of the Twentieth Judicial District, In and for the County of Lake, The Honorable C. B. McNeil, Judge presiding.
Submitted on Briefs: March 15, 2001
Pursuant to Section I,...
State v. Kime - 3/5/2002
APPEAL. FROM: District Court of the Eighteenth Judicial District, In and for the County of Gallatin, The Honorable Mike Salvagni, Judge presiding.
Submitted on Briefs: December 13, 2001
David Wayne Kime (Kime) appealsfrom...
Kleinsasser v. State - 2/28/2002
APPEAL FROM: District Court of the Eighth Judicial District, In and for the Countv of Cascade. The Honorable Thomas McKittrick, Judge presiding.
Submitted on Briefs: December 28, 2001
Phillip Kleinsasserappealsfrom the...
Ide v. State - 2/25/2002
UNPUBLISHED
APPEAL FROM: District Court of the Third Judicial District, In and for the County of Powell, The Honorable Ted L. Mizner, Judge presiding
Submitted on Briefs: January 24, 2002
Pursuant to Section I,...
State v. Minkoff - 2/25/2002
APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis and Clark, The Honorable Jeffrey Sherlock, Judge presiding.
Heard: November 27,2001
Submitted: December 5,2001
Decided:...
State v. Bauer - 1/15/2002
APPEAL FROM: District Court of the Third Judicial District, In and for the County of Deer Lodge, Honorable Ted L. Mizner, Judge Presiding
Submitted on Briefs: June 21, 2001
On appeal, Chester Bauer challenges the...
State ex rel McGrath v. Montana Twenty-Frist Judicial District Court - 12/28/2001
Before us is an original proceeding involving a petition for writ of supervisory control filed by the State of Montana and Attorney General Mike McGrath, respectfully, requesting that we assume supervisory control and direct the...
State v. VanMoorsel - 12/19/2001
UNPUBLISHED
APPEAL FROM: District Court of the Eleventh Judicial District, In and for the County of Flathead, The Honorable Ted O. Lympus, Judge presiding.
Submitted on Briefs: November 1, 2001
Pursuant to Section I,...
Town of Columbus v. Harrington - 12/11/2001
APPEAL FROM: District Court of the Twenty-Second Judicial District, In and for the County of Stillwater, Honorable Maurice R. Colberg, Jr., Judge Presiding
Submitted on Briefs: March 22, 2001
Loren Robert Harrington...
State v. Hardaway - 12/10/2001
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Diana G. Barz, Judge presiding.
Heard: April 30, 2001
Submitted: May 17, 2001
On June 8, 1999, a...
State v. Peplow - 12/10/2001
APPEAL FROM: District Court of the Twenty-First Judicial District. In and for the County of Ravalli, The Honorable Jeffrey H. Langton, Judge presiding.
Submitted on Briefs: May 10, 2001
On May 25, 1999, a jury convicted...
State v. Bilant - 12/6/2001
APPEAL FROM: District Court of the Fourteenth Judicial District, In and for the County of Musselshell, Honorable Roy C. Rodeghiero, Judge Presiding
Submitted on Briefs: April 12, 2001
Robert Dean Bilant appeals the denial...
City of Missoula v. Cook - 12/3/2001
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable Douglas G. Harkin, Judge presiding.
Submitted on Briefs: April 12, 2001
Bradley A. Cook (Cook) appeals from the...
State v. Nelson - 11/30/2001
APPEAL FROM: District Court of the Eighteenth Judicial District, In and for the County of Gallatin, The Honorable Nels Swandal, Judge presiding.
Submitted on Briefs: August 16, 2001
On September 28, 2000, a jury found...
Wanner v. Mahoney - 11/30/2001
UNPUBLISHED
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, Honorable Russell C. Fagg, Judge Presiding
Submitted on Briefs: October 11, 2001
Pursuant to Section...
State v. Francis - 11/29/2001
APPEAL FROM: District Court of the Second Judicial District, In and for the County of Silver Bow, The Honorable John W. Whelan, Judge presiding.
Submitted on Briefs: December 21, 2000
Stephen Robert Francis appeals from...
Chain v. Montana Department of Motor Vehicles - 11/14/2001
APPEAL FROM: District Court of the Nineteenth Judicial District, In and for the County of Lincoln, The Honorable Michael C. Prezeau, Judge presiding.
Submitted on Briefs: June 14, 2001
Appellant, Lawrence Chain (Chain),...
State v. Price - 10/25/2001
APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, Honorable Kenneth R. Neill, Judge Presiding
Submitted on Briefs: July 19, 2001
On April 3, 1997, Greg Price was convicted of...
State v. Blackwell - 9/27/2001
APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, Honorable Marge Johnson, Judge Presiding
Submitted on Briefs: April 26, 2001
On October 8, 1999, the State of Montana charged...
Grindeland v. State - 9/25/2001
APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Kenneth R. Neill, Judge presiding.
Submitted on Briefs: February 8, 2001
The State of Montana (State) appeals...
Andrews v. State - 9/19/2001
UNPUBLISHED
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, Honorable Diane G. Barz, Judge Presiding
Submitted on Briefs: March 29, 2001
Pursuant to Section I,...
State v. Anderson - 9/19/2001
APPEAL FROM: District Court of the Seventh Judicial District, In and for the County of Wibaux, Honorable Richard G. Phillips, Judge Presiding
Submitted on Briefs: December 29, 2001
John Henry Anderson (Anderson) appeals...
State v. Van Kirk - 9/6/2001
APPEAL FROM: District Court of the Third Judicial District, In and for the County of Deer Lodge, The Honorable Ted L. Mizner, Judge presiding.
Submitted on Briefs: February 23, 2001
On January 19, 1999, a jury convicted...
State v. Stuart - 8/30/2001
APPEAL FROM: District Court of the Twenty-First Judicial District, In and for the County of Ravalli, The Honorable Jeffrey H. Langton, Judge presiding.
Submitted on Briefs: December 21, 2000
Larry Stuart pled guilty in the...
State v. Walker - 8/23/2001
APPEAL FROM: District Court of the Twenty-Second Judicial District, In and for the County of Big Horn, The Honorable Blair Jones, Judge presiding.
Submitted on Briefs: August 17, 2000
Audrey Walker (Walker) appeals from an...
State v. Dobson - 8/23/2001
APPEAL FROM: District Court of the Fourteenth Judicial District, In and for the County of Musselshell, The Honorable John R. Christensen, Judge presiding.
Submitted on Briefs: March 9, 2000
Brian Dobson (Dobson) appeals...
State v. Loiselle - 8/23/2001
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable Douglas G. Harkin, Judge presiding.
Submitted on Briefs: March 1, 2001
Scott Wayne Loiselle appeals from the...
State v. Averill - 8/14/2001
APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Marge Johnson, Judge presiding.
Submitted on Briefs: May 3, 2001
On July 25, 2000, the Montana Eighth Judicial...
State v. Wardell - 8/9/2001
UNPUBLISHED
APPEAL FROM: District Court of the Eleventh Judicial District, In and for the County of Flathead, Honorable Ted O. Lympus, Judge Presiding
Submitted on Briefs: May 4, 2001
Pursuant to Section I, Paragraph...
State v. Watson - 8/3/2001
APPEAL FROM: District Court of the Nineteenth Judicial District, In and for the County of Lincoln, The Honorable Michael C. Prezeau, Judge presiding.
Submitted on Briefs: May 3, 2001
Justice Terry N. Trieweiler delivered...
State v. Gilder - 7/23/2001
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, Honorable John W. Larson, Judge Presiding
Submitted on Briefs: March 22, 2001
Jay Samuel Gilder (Gilder) appeals from an order...
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