At a Montana DUI arraignment the judge tells you what you are charged with, explains your rights, sets or confirms your release conditions, and asks how you plead. It usually takes a few minutes. Nobody presents evidence, and you are not asked to explain yourself. This page is part of our Montana DUI Guide. For the stages that follow, see the DUI court process.
Initial Appearance and Arraignment: Two Steps
Montana procedure describes two events. The initial appearance is where an arrested person is brought before a judge without unnecessary delay, advised of the charge and of certain rights, and admitted to bail (MCA §§ 46-7-101, 46-7-102). The arraignment is the formal act of calling the defendant into open court to enter a plea (MCA § 46-1-202). It consists of reading the charge or stating its substance and calling on the defendant to plead (MCA § 46-12-201(1)).
In misdemeanor DUI cases the two are often handled in one hearing, and courts and lawyers tend to call the whole thing the arraignment. If you were released from jail on a bail schedule and given a date, that date is typically for both.
What the Judge Must Tell You
| The judge shall inform you of | MCA |
|---|---|
| The charge or charges against you | § 46-7-102(1)(a) |
| Your right to counsel, and to have counsel assigned if you qualify | § 46-7-102(1)(b), (c) |
| The general circumstances under which you may obtain pretrial release | § 46-7-102(1)(d) |
| Your right to refuse to make a statement, and that any statement may be offered in evidence at trial | § 46-7-102(1)(e) |
| That a conviction may result in the loss of various firearm rights under state and federal law | § 46-7-102(1)(f) |
Many courts give this advisory to the whole room at once, by video, or on a written form you sign. You must also be asked whether you want the aid of counsel (MCA § 46-8-101(1)). If you do not understand something on the form, say so before you sign it. The firearms line surprises people. Our page on jobs, licenses, and gun rights explains what a misdemeanor DUI does and does not affect.
Release Is Decided at This Hearing
The release or detention of the defendant must be determined immediately upon the initial appearance (MCA § 46-9-109(1)). If you are already out, the judge will usually confirm your status and may set conditions, such as no alcohol or regular testing. A release order must include a written statement of any restrictions or conditions (MCA § 46-9-110). Take that paper with you and read it before you leave the building.
If a proposed condition will not work with your job or your health, this is the first chance to say so, briefly and with specifics. See bail and release conditions.
Being Asked for a Plea
You must be given a copy of the charging document before being called on to plead (MCA § 46-12-201(1)). The available pleas are guilty, not guilty, and, with the consent of the court and the prosecutor, nolo contendere (MCA § 46-12-204(1)). You have three practical options at the hearing:
- Plead not guilty. The case is set for further proceedings and your lawyer gets the evidence. A not guilty plea can be changed later.
- Ask for time. If you require it, you must be allowed a reasonable time, not less than 1 day, to plead (MCA § 46-12-203).
- Plead guilty. Before accepting it, the court must determine that you understand the charge, any mandatory minimum penalty, the maximum penalty, and the rights you are waiving (MCA § 46-12-210(1)).
If you say nothing, the court enters a not guilty plea for you (MCA § 46-12-204(1)). Our page on pleading guilty or not guilty covers what each plea sets in motion.
What You Actually Say
Very little. The court asks for your true name, and if it differs from the name on the charge the court orders the correct name substituted (MCA § 46-12-201(2)). You answer whether you want a lawyer. You state your plea or ask for time. If release conditions are discussed, you may be asked about your address, work, or ability to get to testing.
What you do not do is describe the night of the arrest. Statements such as "I only had two" or "I was just moving the car" are admissions, and what you say in open court is heard by the prosecutor and may be recorded. If the judge asks something you are unsure about, it is appropriate to say that you would like to speak with an attorney first.
In Person, by Video, or Through Counsel
An initial appearance may be satisfied, in the court's discretion, by physical appearance or by two-way electronic audio-video communication (MCA § 46-7-101(2)). People still in custody often appear by video from the jail. An arraignment may also be done by video if neither party objects and the court agrees (MCA § 46-12-201(4)). And in a misdemeanor, the defendant may appear by counsel only unless the court requires personal attendance (MCA § 46-16-120). If you live outside Montana, see appearing from out of state.
If you do attend in person, arrive early, bring your citation and release paperwork, and plan for the docket to run long. Dress as you would for a job interview. Do not arrive having had anything to drink.
After the Hearing
A not guilty plea starts the pretrial stage. Within a reasonable time after the plea, and not less than 30 days before trial, the court is to hold an omnibus hearing (MCA § 46-13-110(1)), though how each court schedules pretrial hearings is local practice. The plea also starts a clock: after a plea on a misdemeanor charge, the prosecution must be dismissed if the defendant is not brought to trial within 6 months, unless the trial was postponed on the defendant's motion or good cause is shown (MCA § 46-13-401(2)).
You will leave with a next date, or one will be mailed. Make sure the court has your current mailing address, and give the date to your lawyer the same day.
This page explains Montana procedure in general as of the 2025 Montana Code Annotated. Courts differ in how they run first appearances. It is not legal advice about your specific case.