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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Hulse v. State - 5/5/1998
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Stillwater, The Honorable Diane G. Barz, Judge presiding.
Heard: November 18, 1997
Submitted on Briefs: November 18, 1997
...
State v. Steinmetz - 5/5/1998
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: December 4, 1997
Defendant Bryan Steinmetz...
State v. Dahlin - 5/5/1998
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: March 26, 1998
David Maurice Dahlin, Jr., was charged...
State v. Mckee - 5/5/1998
Submitted on Briefs March 26, 1998.
1 Following a bench trial in Darby City Court, Wesley A. McKee was found guilty on misdemeanor charges of driving under the influence of alcohol, reckless driving, and leaving the scene of an...
State v. Pollack - 5/4/1998
Submitted on Briefs December 18, 1997.
1 Eugene A. Pollack ("Pollack") appeals from the judgment of the Fourth Judicial District Court, and from the order denying his motion to dismiss the charges against him for lack of speedy...
Smith v. State - 4/30/1998
Submitted on Briefs February 18, 1998.
1 Dale A. Smith was stopped on suspicion of driving under the influence of alcohol (DUI) on December 14, 1996. When he refused to submit to a preliminary alcohol screening test (PAST), his...
State v. Fenton - 4/30/1998
Submitted on Briefs February 12, 1998.
1 The defendant, Thomas M. Fenton, was charged in Broadwater County on December 30, 1996, with driving under the influence of alcohol or, alternatively, with driving with a blood alcohol...
Sanders v. State - 3/24/1998
97-551
1998 MT 62
ORIGINAL PROCEEDING
Forrest Sanders appeals from an order of the Thirteenth Judicial District Court, Yellowstone County, denying his motion to hold the State of Montana in contempt of court for its...
State v. Aloysius Big Hair - 3/20/1998
97-441
1998 MT 61
Aloysius Big Hair appeals his conviction of driving while under the influence of alcohol (DUI), fourth offense, in the Thirteenth Judicial District Court, Big Horn County. We affirm.
The issues...
State v. Lafley - 2/11/1998
Appellant Shane Lafley (Lafley) appeals from the January 9, 1997 judgment and order of the Second Judicial District Court, Silver Bow County. Lafley was convicted of felony assault and sentenced to 10 years in the Montana State Prison...
State v. Lafley - 2/10/1998
Submitted on Briefs January 15, 1998.
1 Appellant Shane Lafley (Lafley) appeals from the January 9, 1997 judgment and order of the Second Judicial District Court, Silver Bow County. Lafley was convicted of felony assault and...
State v. Chesarek - 1/30/1998
1998 MT 15
ô1 Frank Chesarek (Chesarek) appeals from the judgment entered by the Thirteenth Judicial District Court, Yellowstone County, on his conviction of the offense of driving under the influence of alcohol (DUI), contending...
State v. Hayes - 1/30/1998
1998 MT 14
ô1 Michael Hayes (Hayes) appeals from the judgment entered by the Thirteenth Judicial District Court, Yellowstone County, on his conviction of the offense of driving under the influence of alcohol (DUI), contending...
State v. Gregoroff - 12/29/1997
Submitted on Briefs October 2, 1997.
Vernon T. Gregoroff was convicted of driving under the influence of alcohol (DUI) in a jury trial in the Tenth Judicial District Court, Judith Basin County. He appeals. We affirm.
The...
State v. Widenhofer - 12/23/1997
Submitted on Briefs October 30, 1997.
Ralph Patrick Widenhofer, Jr. (Widenhofer) appeals from the decision of the First Judicial District Court, Lewis and Clark County, denying his motion to suppress evidence of his blood alcohol...
State v. Sidmore - 12/18/1997
Rehearing Granted October 30, 1997.
Submitted on Briefs October 30, 1997.
Ed Roy Sidmore (Sidmore) appeals from a jury trial conviction of felony DUI, fourth offense, and from rulings made by the Twentieth Judicial...
State v. Pratt - 12/16/1997
Submitted on Briefs November 6, 1997.
Kent James Pratt was charged by information on November 2, 1995, with the offenses of felony driving under the influence of alcohol, misdemeanor possession of more than one valid Montana...
State v. Strand - 12/16/1997
Submitted October 29, 1997. Argued October 1, 1997.
Appellant Dennis Strand (Strand) appeals from the final judgment and order of the Eleventh Judicial District Court, Flathead County. The District Court accepted Strand's...
State v. Carter - 11/25/1997
Submitted on Briefs July 2, 1997.
This appeal involves two separate offenses by Defendant-Appellant Clark Carter (Appellant). At his request, and by order of this Court, the appeals were consolidated. On June 5, 1993, Appellant...
State v. Strizich - 11/25/1997
Submitted on Briefs May 8, 1997.
The defendant, William Strizich, was charged by complaint filed in the City Court of Great Falls with a first offense of driving under the influence of alcohol in violation of § 61-8-401(1)(a),...
State v. Wheeler - 11/13/1997
Submitted on Briefs October 9, 1997.
Richard Dean Wheeler was convicted of driving under the influence of alcohol (DUI), fourth offense, in the Sixth Judicial District Court, Park County, after he pled guilty to the charge...
State v. Weigle - 11/6/1997
Submitted on Briefs May 8, 1997.
Brian Scott Weigle (Weigle) entered a plea of guilty in the District Court for the Twenty-First Judicial District, Ravalli County, on two counts of negligent homicide. He was sentenced to ten...
Havens v. State - 10/23/1997
Submitted on Briefs September 17, 1997.
Steven K. Havens (Havens) sued the State of Montana (State) claiming the State's negligence in failing to install a stop light at the main entrance to the Wal-Mart store located in Butte,...
State v. Woods - 10/16/1997
Submitted on Briefs May 29, 1997.
Timothy F. Woods (Woods) was charged by information with driving under the influence of alcohol, fourth offense. Woods moved the District Court to suppress the results of his breathalyzer test....
State v. Newill - 10/10/1997
Submitted on Briefs September 11, 1997.
Michelle Newill (Newill), appeals from the decision of the Fourth Judicial District Court, Missoula County, denying Newill's motion to suppress evidence. Newill asserts that hospital...
State v. Weis - 10/7/1997
Submitted on Briefs September 17, 1997.
This is an appeal by Charles A. Weis from his conviction, following a bench trial, de novo in the Eleventh Judicial District Court, Flathead County, of driving while under the influence of...
State v. Reams - 9/22/1997
Submitted on Briefs March 20, 1997.
This is an appeal from the Eighteenth Judicial District Court, Gallatin County. On August 30, 1996, the District Court entered an order expunging a 1975 DUI conviction from Defendant Reams'...
State v. Beckman - 9/22/1997
Submitted on Briefs March 20, 1997.
This is an appeal from the Sixteenth Judicial District Court, Rosebud County. On June 5, 1996, the District Court entered a memorandum and order denying Defendant Beckman's motion to dismiss a...
State v. Cooney - 9/22/1997
Submitted on Briefs March 20, 1997.
This is an appeal from the Fourth Judicial District Court, Missoula County. On June 26, 1996, the District Court entered an opinion and order denying Defendant Cooney's motion to dismiss both...
State v. Bowles - 9/22/1997
Submitted on Briefs March 20, 1997.
This is an appeal from the Sixth Judicial District Court, Park County. On June 11, 1996, the District Court entered an order expunging a 1977 DUI conviction from Defendant Bowles' record and...
State v. Neary - 9/11/1997
Submitted on Briefs June 26, 1997.
A jury in the Sixteenth Judicial District Court, Custer County, found Patrick Neary guilty of aggravated assault. Neary appeals. We affirm.
We restate the following two issues Neary raises...
State v. Mcelderry - 9/8/1997
Submitted on Briefs August 7, 1997.
On October 16, 1996, the State of Montana charged Barbara McElderry, by complaint filed in the Lake County Justice Court, with driving under the influence of alcohol, fifth offense, a felony,...
State v. Nelson - 6/24/1997
Submitted May 1, 1997.
James Nelson (Nelson) appeals from the Seventh Judicial District Court's order denying his motion to quash or to suppress the results of his blood alcohol test obtained by means of an investigative...
State v. Dolan - 6/24/1997
Submitted on Briefs April 10, 1997.
Lynda M. Dolan was convicted in Ravalli County Justice Court of the offense of driving under the influence of alcohol, in violation of § 61-8-401, MCA. She appealed to the District Court for...
State v. Stubblefield - 6/24/1997
Submitted on Briefs May 29, 1997.
The defendant, Kenneth Stubblefield, was charged by information, filed in the District Court for the First Judicial District in Lewis and Clark County, with the offense of driving under the...
State v. Hagen - 6/17/1997
Submitted on Briefs April 24, 1997.
Ricky Hagen appeals from the judgment and sentence of the Fifth Judicial District Court, Jefferson County, where a jury found him guilty of driving under the influence of alcohol in violation...
State v. Fitzgerald - 6/17/1997
Submitted on Briefs May 30, 1997.
Curtis A. Fitzgerald was cited with driving under the influence of alcohol pursuant to § 61-8-401, MCA, on August 22, 1995. The Missoula County Justice Court denied both Fitzgerald's motion to...
State v. Ellenburg - 6/11/1997
Submitted on Briefs April 4, 1997.
In proceedings before the Fourth Judicial District Court, Missoula County, Michael Adair Ellenburg was convicted of two separate offenses of operating a motor vehicle while under the influence...
State v. Hendrickson - 6/10/1997
Submitted on Briefs May 8, 1997.
The State of Montana (State) appeals from the Eighteenth Judicial District Court's order dismissing charges of Driving Under the Influence, a violation of § 61-8-401, MCA, against Orval Lee...
State v. Okland - 5/29/1997
Submitted April 22, 1997.
The defendant, David Matthew Okland, was charged by information, filed in the District Court for the Twentieth Judicial District in Lake County, with the offense of driving or being in actual physical...
State v. Perry - 5/29/1997
Submitted on Briefs May 8, 1997.
The defendant, Elmer Dale Perry, was charged by information, filed in the District Court for the Eighteenth Judicial District in Gallatin County, with the offense of driving under the influence of...
State v. Olson - 5/29/1997
Submitted April 22, 1997.
The defendant, Michael Duane Olson, was charged by information, filed in the District Court for the Seventeenth Judicial District in Phillips County, with the offense of driving or being in actual...
State v. Jenni - 5/29/1997
Submitted April 22, 1997.
The defendant, Thomas Charles Jenni, was charged by information, filed in the District Court for the Tenth Judicial District in Fergus County, with the offense of driving while under the influence of...
Gentry v. State - 5/27/1997
Rehearing Denied June 26, 1997.
Submitted on Briefs February 20, 1997.
James Gentry appeals from the order of the Seventh Judicial District Court, Dawson County, denying his petition to challenge the suspension of his...
State v. Lee - 5/6/1997
Submitted on Briefs March 20, 1997.
David Lee was cited with driving while under the influence of alcohol pursuant to § 61-8-401, MCA, on April 30, 1995. After a hearing, the Valley County Justice Court denied Lee's motion to...
State v. Gunderson - 4/8/1997
Submitted on Briefs February 27, 1997.
Appellant David Wayne Gunderson (Gunderson) appeals the judgment of the First Judicial District Court, Broadwater County, upon a jury verdict finding him guilty of one count of sexual...
State v. Sol - 3/20/1997
Submitted on Briefs February 20, 1997.
Kim Michael Sol appeals from two orders of the Fourth Judicial District Court, Missoula County, denying his motions to dismiss a charge of driving under the influence of alcohol and/or...
Starkenburg v. State - 3/11/1997
Submitted September 17, 1996.
The State of Montana (State) appeals from the judgment entered by the First Judicial District Court, Lewis and Clark County, on a jury verdict awarding Glenn and Lois Starkenburg $250,000 in...
State v. Borchert - 3/6/1997
54 St.Rep. 191
Submitted on Briefs January 9, 1997.
Appellant Ronald Edward Borchert (Borchert) was convicted of two counts of robbery following a jury trial in the Eighteenth Judicial District Court, Gallatin County....
City of Billings v. Smith - 2/6/1997
54 St.Rep. 96
Submitted on Briefs January 9, 1997.
James Smith appeals from the June 14, 1995 Judgment of the Thirteenth Judicial District Court, Yellowstone County, convicting him and sentencing him to sixty days in jail...
State v. Robison - 1/9/1997
54 St.Rep. 61
Submitted on Briefs January 2, 1997.
Lyle D. Robison (Robison) appeals from a February 26, 1996, Yellowstone County jury verdict finding him guilty of driving under the influence of alcohol (DUI), a felony, in...
Ellenburg v. Montana Dept. of Justice - 12/17/1996
53 St.Rep. 1398
Submitted on Briefs November 21, 1996.
Michael Ellenburg appeals the decision of the Fourth Judicial District Court, Missoula County, upholding the revocation of his Montana driver's license pursuant to §...
State v. Lambert - 12/16/1996
53 St.Rep. 1379
Heard September 19, 1996. Submitted September 19, 1996.
Following a jury trial in the Twenty-first Judicial District Court, Ravalli County, David B. Lambert (Lambert) was found guilty of criminal...
State v. Brander - 12/12/1996
Rehearing Denied January 2, 1997.
53 St.Rep. 1340
Submitted on Briefs November 21, 1996.
This is an appeal from an order of the First Judicial District Court, Lewis and Clark County, denying the defendant's motion to...
State v. Stueck - 12/9/1996
53 St.Rep. 1288
Submitted on Briefs July 18, 1996.
The State of Montana (State) appeals from the order of the Eighteenth Judicial District Court, Gallatin County, suppressing blood alcohol evidence obtained from Gregory S....
Rupp v. State - 11/14/1996
53 St.Rep. 1136
Submitted on Briefs October 24, 1996.
Appellant Mark A. Rupp (Rupp) appeals the decision of the Twenty-first Judicial District Court, Ravalli County, upholding the suspension of his driver's license pursuant...
State v. Gatts - 11/1/1996
53 St.Rep. 1042
Submitted on Briefs April 11, 1996.
William E. "Bill" Gatts (Gatts) appeals from the final judgment entered by the Fifth Judicial District Court, Jefferson County, on his guilty pleas to the felony offense...
Supola v. Department of Justice - 10/18/1996
53. St.Rep. 984
Submitted on Briefs August 22, 1996.
Appellant Timothy D. Supola (Supola) appeals the order of the Thirteenth Judicial District Court, Yellowstone County, concluding that he was not entitled to a jury trial...
State v. Broken Rope - 10/18/1996
53 St.Rep. 987
Submitted on Briefs August 15, 1996.
Joseph Broken Rope, Jr. (Broken Rope) appeals from the judgment entered by the Thirteenth Judicial District Court, Yellowstone County, on his guilty pleas to charges of...
State v. Moddison - 10/18/1996
53 St.Rep. 961
Submitted on Briefs August 1, 1996.
Russell R. Moddison (Moddison) was charged by information filed in the Eighth Judicial District Court, Cascade County, with sexual intercourse without consent, a felony,...
State v. Bell - 8/22/1996
53 St.Rep. 792
Submitted on Briefs May 30, 1996.
Pursuant to § 46-20-103(2)(b), MCA, the State appeals from the Big Horn County, Thirteenth Judicial District Court's Order modifying the jury verdict of defendant Bradley J....
City of Helena v. Danichek - 8/20/1996
53 St.Rep. 767
Submitted June 25, 1996.
Appellant Frank Danichek appeals from an order entered by the First Judicial District Court, Lewis and Clark County, denying his motion to dismiss the charge of driving under the...
State v. Mora - 8/6/1996
53 St.Rep. 736
Submitted on Briefs June 13, 1996.
David Mora (Mora) appeals from an order of the Thirteenth Judicial District Court, Yellowstone County, dismissing his appeal from a Justice Court conviction. We reverse and...
Seyferth v. State - 7/29/1996
Rehearing Denied August 29, 1996.
53 St.Rep. 698
Submitted on Briefs May 16, 1996.
C.A. Seyferth (Seyferth) appeals from orders of the Thirteenth Judicial District Court, Yellowstone County, denying his petition for...
State v. Tadewaldt - 7/22/1996
53 St.Rep. 635
Submitted on Briefs April 11, 1996.
Travis Tadewaldt (Tadewaldt) appeals from the judgment of the Fourth Judicial District Court, Missoula County, entered on his plea of guilty to the felony charge of...
Wessell v. State - 7/11/1996
53 St.Rep. 610
Submitted on Briefs May 30, 1996.
Ricky Lawrence Wessell's driver's license was seized and his driving privileges were suspended pursuant to § 61-8-402, MCA, Montana's implied consent law. Wessell petitioned...
Marriage of Shupe - 5/10/1996
Rehearing Denied June 4, 1996.
53 St.Rep. 447
Submitted on Briefs January 18, 1996.
Yancy W. Shupe (Yancy) appeals from the Findings of Fact, Conclusions of Law and Order of the Thirteenth Judicial District Court,...
State v. Finley - 4/16/1996
53 St.Rep. 310
Submitted December 19, 1995.
Daniel Felix Finley (Finley) appeals from the judgment and commitment entered by the Twentieth Judicial District Court, Lake County, for sexual intercourse without consent and...
State v. Smaage - 4/15/1996
53 St.Rep. 294
Submitted on Briefs March 14, 1996.
Shawn Smaage was convicted of felony criminal endangerment in a bench trial in the First Judicial District Court, Lewis and Clark County. He appeals. We affirm.
The...
Taylor v. State Fund - 3/18/1996
Rehearing Denied April 22, 1996.
53 St.Rep. 201
Submitted on Briefs February 1, 1996.
Edwin A. Taylor (Taylor) appeals from the Findings of Fact, Conclusions of Law and Judgment of the Workers' Compensation Court...
Maurer v. Clausen Distributing Co. - 3/14/1996
53 St.Rep. 78
Submitted on Briefs January 4, 1996.
This is an appeal from an order of the First Judicial District Court, Lewis and Clark County, granting a new trial on the jury's award of damages against Clausen...
Anderson v. State - 2/22/1996
53 St.Rep. 125
Submitted on Briefs January 11, 1996.
Brian Anderson petitioned the District Court for the Thirteenth Judicial District in Yellowstone County for reinstatement of his driver's license pursuant to § 61-8-403,...
Bauer v. State - 1/30/1996
53 St.Rep. 65
Submitted on Briefs November 9, 1995.
Appellant, John D. Bauer (Bauer), appeals the order of the District Court for the Sixth Judicial District, Park County, denying Bauer's petition to reinstate his driver's...
State v. Lamere - 8/21/1995
52 St.Rep. 828
Submitted on Briefs May 19, 1995.
This is an appeal from a sentence imposed by the Eighth Judicial District Court, Cascade County. We reverse and remand for resentencing.
We consider the following...
State v. Eichenlaub - 8/15/1995
52 St.Rep. 786
Submitted on Briefs March 30, 1995.
The defendants, Anthony Eichenlaub and Timothy Carter, were charged with felony kidnapping, in violation of § 45-5-302, MCA, felony sexual intercourse without consent, in...
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