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. Wells - 7/2/2001
APPEAL FROM: District Court of the Twelfth Judicial District, In and for the County of Hill, The Honorable John Warner, Judge presiding.
Submitted on Briefs: April 5, 2001
The Defendant, Roger Lee Wells, was charged by...
State v. Smith - 6/29/2001
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: April 5, 2001
Appellant, Paul Edmond Smith (Smith) was...
State v. Horton - 6/12/2001
APPEAL FROM: District Court of the Sixth Judicial District, In and for the County of Park, The Honorable Wm. Nels Swandal, Judge presiding.
Submitted on Briefs: May 25, 2000
Charles Rockwood Horton (Horton) was convicted...
State v. Setters - 6/12/2001
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 2, 2000
Robert Setters (Setters) was convicted in the...
McDermott v. McDonald - 5/17/2001
OPINION AND ORDER
Petitioner Michael McDermott (McDermott) is serving a thirty-year sentence for assault and felony bail jumping in the Crossroads Correctional Center. The Board of Pardons and Parole (Board) has denied his...
State v. Hatler - 3/1/2001
APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis and Clark, Honorable Thomas C. Honzel, Judge Presiding
Submitted on Briefs: February 2, 2001
Appellant Mark Christopher Hatler...
Morris v. State - 2/15/2001
APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Marc G. Buyske, Judge presiding.
Submitted on Briefs: November 9, 2000
The City of Great Falls appeals from an...
State v. Palmer - 1/18/2001
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: January 4, 2001
Pursuant to Section I, Paragraph 3(c)...
State v. Schwein - 12/28/2000
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Susan P. Watters, Judge presiding.
Submitted on Briefs: November 9, 2000
Michael Schwein (Schwein)...
State v. Swartz - 12/28/2000
APPEAL FROM: District Court of the Sixteenth Judicial District,
In and for the County of Custer, The Honorable Gary L. Day, Judge presiding.
Submitted on Briefs: August 3, 2000
1 Pursuant to Section I, Paragraph...
State v. Kallowat - 12/21/2000
APPEAL FROM: District Court of the Twentieth Judicial District, In and for the County of Sanders, The Honorable C. B. McNeil, Judge presiding.
Submitted on Briefs: October 12, 2000
Clerk Justice Terry. N. Trieweiler
1...
State v. Morse - 12/21/2000
APPEAL FROM: District Court of the Sixteenth Judicial District, In and for the County of Custer, The Honorable Gary Day, Judge presiding.
Submitted on Briefs: January 27, 2000
Clerk Justice Karla M. Gray
1 Pursuant...
State v. Simmons - 12/14/2000
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Stillwater, Honorable G. Todd Baugh, Judge Presiding
Submitted on Briefs: June 15, 2000
1 Brian Paul Simmons pled guilty to driving...
State v. Fields - 12/14/2000
APPEAL FROM: District Court of the Eleventh Judicial District, In and for the County of Flathead, The Honorable Katherine R. Curtis, Judge presiding.
Submitted on Briefs: December 7, 2000
1 Michael Blynn Fields (Fields) was...
State v. Hart - 12/14/2000
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Susan Watters, Judge presiding.
Submitted on Briefs: June 8, 2000
1 David Hart appeals from the conviction...
State v. Elison - 11/16/2000
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Maurice R. Colberg, Jr., Judge presiding.
Submitted on Briefs: January 20, 2000
1 Gregory Elison appeals...
State v. LaTray - 9/28/2000
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: May 25, 2000
Ronald LaTray (LaTray) was convicted of...
State v. Johnson - 9/21/2000
APPEAL FROM: District Court of the Eighteenth Judicial District, In and for the County of Gallatin, The Honorable Thomas A. Olson, Judge presiding.
Submitted on Briefs: August 3, 2000
Pursuant to Section I, Paragraph...
State v. Golder - 8/31/2000
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, Honorable Ed McLean, Judge Presiding
Submitted on Briefs: August 3, 2000
1 Montana's Fourth Judicial District Court, Missoula...
State v. Ellenburg - 8/24/2000
APPEAL FROM: District Court of the Missoula Judicial District, In and for the County of Missoula, The Honorable John W. Larson, Judge presiding.
Submitted on Briefs: April 27, 2000
1 By Information filed on October 14,...
State v. Fey - 8/8/2000
APPEAL FROM: District Court of the Ninth Judicial District, In and for the County of Toole, The Honorable Marc G. Buyske, Judge presiding.
Submitted on Briefs: March 9, 2000
1 Defendant and Appellant Jesse Fey (hereafter,...
State v. Davis - 7/20/2000
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John S. Henson, Judge presiding.
Submitted on Briefs: February 24, 2000
By Information filed in the District...
State v. Morigeau - 7/6/2000
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 2, 2000
Pursuant to Section I, Paragraph 3(c), Montana...
State v. Chowdhury - 7/6/2000
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John W. Larson, Judge presiding.
Submitted on Briefs: June 15, 2000
Pursuant to Section I, Paragraph 3(c),...
State v. Anderson - 6/20/2000
APPEAL FROM: District Court of the Seventh Judicial District, In and for the County of Dawson, The Honorable David Cybulski, Judge presiding.
Submitted on Briefs: February 24, 2000
Pursuant to Section I, Paragraph 3(c),...
State v. Hocevar - 6/19/2000
APPEAL FROM: District Court of the Sixteenth Judicial District, In and for the County of Custer, The Honorable Joe L. Hegel, Judge presiding.
Argued: October 1, 1998
Submitted: November 19, 1998
Susan Hocevar (Susan)...
State v. Killeagle - 6/6/2000
APPEAL FROM: District Court of the Seventeenth Judicial District, In and for the County of Phillips, The Honorable John C. McKeon, Judge presiding.
Submitted on Briefs: January 6, 2000
Pursuant to Section I, Paragraph...
Broell v. Estate of Broell - 5/25/2000
APPEAL FROM: District Court of the Sixth Judicial District, In and for the County of Park, The Honorable Wm. Nels Swandal, Judge presiding.
Submitted on Briefs: February 10, 2000
Clerk
Justice Jim Regnier
...
State v. Schipman - 4/25/2000
APPEAL FROM: District Court of the Fifth Judicial District, In and for the County of Beaverhead, The Honorable Frank M. Davis, Judge presiding.
Submitted on Briefs: April 1, 1999
Following a trial by jury, Defendant Stacy...
State v. Taylor - 4/11/2000
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Maurice R. Colberg, Jr., Judge presiding.
Submitted on Briefs: January 27, 2000
Clerk
Justice Karla...
State v. Kuebler - 3/7/2000
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: January 20, 2000
Clerk
1. Pursuant to Section I,...
State v. Halvorson - 3/7/2000
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: February 17, 2000
Clerk
Sherry Halvorson pled guilty to...
The City of Missoula v. Robertson - 3/2/2000
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John W. Larson, Judge presiding.
Submitted on Briefs: June 3, 1999
Clerk
City of Missoula (City) appeals...
State v. Clark - 2/15/2000
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: October 14, 1999
Clerk
Justice Jim Regnier
Jay...
State v. Phelps - 1/27/2000
APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, Honorable Marge Johnson, Judge Presiding
Submitted on Briefs: December 29, 1999
Billie Joe Phelps was sentenced in the Eighth...
State v. Luchau - 12/29/1999
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John W. Larson, Judge presiding.
Submitted on Briefs: October 14, 1999
Appellant Ryan Luchau (Luchau) was...
State v. Delaney - 12/20/1999
APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis and Clark, The Honorable Jeffrey M. Sherlock, Judge presiding.
Submitted on Briefs: September 2, 1999
1 Robert Delaney (Delaney)...
State v. Moga - 11/23/1999
APPEALS FROM: District Court of the Fifth Judicial District, In and for the County of Jefferson, Honorable Frank M. Davis, Judge Presiding (98-526). District Court of the First Judicial District, In and for the County of Lewis and...
In the Matter of J.M.J. - 11/19/1999
APPEAL FROM: District Court of the Thirteenth Judicial District,
In and for the County of Big Horn, The Honorable Susan P. Watters, Judge presiding.
Submitted on Briefs: September 23, 1999
Decided: November 19, 1999...
State v. Berosik - 10/5/1999
APPEAL FROM: District Court of the Eleventh Judicial District, In and for the County of Flathead, The Honorable Katherine R. Curtis, Judge presiding.
Submitted on Briefs: June 10, 1999
Clerk Justice W. William Leaphart ...
State v. Bostwick - 9/30/1999
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: April 1, 1999
Clerk Justice Karla M. Gray
Robert...
State v. Gilder - 9/9/1999
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John W. Larson, Judge presiding.
Submitted on Briefs: June 10, 1999
Justice Terry N. Trieweiler
By...
In re Great-Grandparent/Great-Grandchild contact of Rose - 9/9/1999
APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis and Clark, The Honorable Thomas C. Honzel, Judge presiding.
Submitted on Briefs: March 25, 1999
Justice Jim Regnier
Pursuant...
State v. Kipp - 8/25/1999
APPEAL FROM: District Court of the Ninth Judicial District, In and for the County of Glacier, The Honorable Marc G. Buyske, Judge presiding.
Submitted on Briefs: February 11, 1999
On August 29, 1996, Brenda Kipp was...
State v. Colby - 7/8/1999
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John S. Henson, Judge presiding.
Submitted on Briefs: March 11, 1999
. Pursuant to Section I, Paragraph 3(c),...
State v. Rennick - 7/1/1999
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: June 3, 1999
. Russell Ross Rennick appeals the order of the...
State v. Christianson - 7/1/1999
APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis and Clark, The Honorable Jeffrey M. Sherlock, Judge presiding.
Submitted on Briefs: November 12, 1998
Opinion of the Court.
....
State v. Brown - 6/15/1999
Submitted on Briefs: November 11, 1998
. David Lee Brown (Appellant) appeals from the findings of fact, Conclusions of law, and order entered by the Seventeenth Judicial District Court, Phillips County, denying his motion to...
State v. Almanza - 6/14/1999
APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, Honorable Marge Johnson, Judge Presiding.
Submitted on Briefs: May 13, 1999
. Pursuant to Section I, Paragraph 3(c), Montana...
Bramble v. State - 6/14/1999
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Maurice R. Colberg, Jr., Judge presiding.
Submitted on Briefs: December 30, 1998
. On November 13, 1997,...
Bennett v. State - 6/14/1999
APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis and Clark, The Honorable Thomas C. Honzel, Judge presiding.
Submitted on Briefs: May 27, 1999
. Pursuant to Section I, Paragraph...
State v. Martinosky - 5/28/1999
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John Larson, Judge presiding.
Submitted on Briefs: March 18, 1999
. Ambrose Paul Martinosky (Martinosky) appeals...
State v. Springman - 5/18/1999
APPEAL FROM: District Court of the Sixth Judicial District, In and for the County of Park, Honorable Wm. Nels Swandal, Judge Presiding.
Submitted on Briefs: April 29, 1999
. Pursuant to Section I, Paragraph 3(c), Montana...
State v. Redcrow - 5/11/1999
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: December 3, 1998
. On February 19, 1988, Lucy Marie...
State v. Devlin - 4/28/1999
APPEAL FROM: District Court of the Twenty-first Judicial District, In and for the County of Ravalli, Honorable Jeffrey H. Langton, Judge Presiding
Argued: February 23, 1999
Submitted: March 11, 1999
. In this DUI...
State v. Roberts - 3/25/1999
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 12, 1998
. Leonard Leroy Roberts...
Brown v. State - 3/16/1999
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Robert W. Holmstrom, Judge presiding.
Submitted on Briefs: July 23, 1998
. Pursuant to Section I,...
State v. Ommundson - 2/3/1999
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Robert W. Holmstrom, Judge presiding.
. David Ommundson (Ommundson) pled guilty to a charge of driving or in...
Williams v. State - 1/21/1999
APPEAL FROM: District Court of the Nineteenth Judicial District, In and for the County of Lincoln, Honorable Michael Prezeau, Judge Presiding.
Submitted on Briefs: December 30, 1998
. In April, 1998, the Montana driver's...
State - 12/31/1998
Argued June 16, 1998. Submitted June 30, 1998.
1 Donald Franklin Booth, Jr. (Booth) was involved in an automobile accident on July 23, 1996, which resulted in the death of two persons and the serious injury of a third. Montana...
State v. Flores - 12/30/1998
Submitted on Briefs August 20, 1998.
1 On June 28, 1996, Juan Jose Flores was charged by information in the Twenty-First Judicial District Court in Ravalli County with aggravated assault in violation of § 45-5-202(1), MCA. On...
State v. Rose - 12/30/1998
Submitted on Briefs July 16, 1998.
1 A jury in the Fourteenth Judicial District Court, Musselshell County, found Richard Wesley Rose guilty of criminal possession of dangerous drugs and accountability for an aggravated...
State v. Ailport - 12/23/1998
APPEAL FROM: District Court of the Twentieth Judicial District, In and for the County of Lake. Honorable C. B. McNeil, Judge Presiding.
Submitted on Briefs: November 19, 1998
. Paul Glen Ailport (hereinafter Ailport)...
Woirhaye v. Montana Fourth Judicial District Court - 12/23/1998
ORIGINAL PROCEEDING
Heard and Submitted: November 19, 1998
. In this case, Richard Quinton Woirhaye seeks a writ of supervisory control regarding a decision of the Fourth Judicial District Court, Missoula County. That...
State v. Dahlin - 12/8/1998
APPEAL FROM: District Court of the Tenth Judicial District, In and for the County of Fergus, Honorable John R. Christensen, Judge Presiding.
Submitted on Briefs: October 29, 1998
. Danny Dahlin appeals from his conviction...
State v. Allen - 12/3/1998
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable Edward P. McLean, Judge presiding.
Submitted on Briefs: May 28, 1998
. The defendant, Kevin Allen, appealed to...
Strode v. Dept. of Justice - 11/12/1998
APPEAL FROM: District Court of the Eighteenth Judicial District, In and for the County of Gallatin, The Honorable Mike Salvagni, Judge presiding.
COUNSEL OF RECORD:
Submitted on Briefs: October 22, 1998
. Pursuant to...
State v. Martin - 11/12/1998
APPEAL FROM: District Court of the Tenth Judicial District, In and for the County of Fergus, Honorable John R. Christensen, Judge Presiding.
COUNSEL OF RECORD:
Submitted on Briefs: October 1, 1998
. Pursuant to...
Bush v. Mt Department of Justice - 11/12/1998
Submitted June 30, 1998.
1 Brian W. Bush (hereinafter Bush) appeals the ruling of the Sixteenth Judicial District Court, Custer County, denying his petition for reinstatement of his driver's license. We reverse.
ISSUE ...
Bush v. Montana Dept. of Justice - 11/12/1998
APPEAL FROM: District Court of the Sixteenth Judicial District, In and for the County of Custer, The Honorable Joe L. Hegel, Judge presiding.
COUNSEL OF RECORD:
Argued: June 30, 1998
Submitted: June 30, 1998
....
State v. Caldwell - 11/5/1998
OPINION AND ORDER
Background
?1. On May 24, 1997, Harvey Caldwell (Caldwell) pleaded guilty in Powell County Justice Court to driving under the influence of alcohol and was convicted of and sentenced for that offense....
State v. Ingraham - 6/23/1998
APPEAL FROM: District Court of the Twentieth Judicial District,
In and for the County of Lake, The Honorable Katherine R. Curtis, Judge presiding.
Submitted on Briefs: January 15, 1998
Gregory Lloyd Ingraham appeals...
State v. Belgarde - 6/16/1998
APPEAL FROM: District Court of the Fifth Judicial District,
In and for the County of Jefferson, The Honorable Robert J. Boyd, Judge presiding.
Submitted on Briefs: September 11, 1997
Clerk
Justice James C....
Matter of M.j.w. - 6/9/1998
Submitted on Briefs December 23, 1997.
1 In its findings of fact, conclusions of law and order, the Fourth Judicial District Court, Mineral County, terminated the parental rights of Bonnie D. (Bonnie) and Joe W. (Joe) to M.J.W....
State v. Couture - 6/2/1998
Submitted on Briefs May 7, 1998.
1 Roy Jean Couture (Couture) appeals from the decision of the Twentieth Judicial District Court, Lake County, denying his motion to dismiss a charge for driving under the influence (DUI), 6th...
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