DUI Defense Attorney
For Billings Montana

Welcome to Arndorfer Law Firm

DUI

An allegation of Driving Under the Influence
is a very serious charge. The legislature has
continuously updated and changed the laws on DUI,
creating new and continuous questions about how a
trial should be handled.

The allegation can also be charged as Driving with a .08 or greater
Blood Alcohol Content. This is a very similar charge and the difference
between it and DUI are only in the punishment under a first offense.
Driving with a .08 or greater on a first offense does not carry mandatory
jail time as does a DUI.

I am asked frequently about how long a DUI stays on your record. There is no simple answer accept that even the allegation stays on a computer somewhere, especially locally, forever, even if the charge is dropped or won at trial. The law still stands that in order for a previous charge of DUI or .08 or greater to be counted for a second or third offense it must be within 5 years. Thus if you get a DUI or .08 conviction once every 5 years and one day each one is a first offense.

A new law was passed that says if you ever, in your lifetime, whether here or in another state, have been convicted of a DUI or driving with a .08 or greater more than three times, it is a felony offense. That means you could have three first offense convictions and any other is a felony offense. The first issue must always be what convictions can be counted?

It is important to get competent advice on what you are facing before entering a guilty plea. You can always plead guilty later, but once you plead guilty it is difficult if not impossible to withdraw that plea. Please contact Brad Arndorfer at Arnderofer Law Firm to see if you have a viable defense.


The legislature always changes the DUI laws. There are a vast array of changes to the law. On Second or subsequent offenses you may no longer receive a probationary license. On any offense if there is someone under the age of 16 in the vehicle with the driver, the penalties are increased. The fines have increased as has some areas of jail time sentences.

In other areas, the Montana Supreme Court has issued another ruling on the admissibility of the preliminary breath test used out at the scene of the stop.
This is the small portable machine. These are not allowed in evidence in any
trial unless the prosecution has first requested a hearing and shown that
machine is reliability.