If you are reading this, you are probably deciding whether a first DUI is worth hiring someone for. That is a reasonable question, and a law firm's answer to it deserves some skepticism. So this page lays out what each option actually involves, including the ones that do not involve us. It is part of our Montana DUI Guide.
Your Three Options
| Option | Cost | What you get | Fits |
|---|---|---|---|
| Representing yourself | No fee | You handle the plea, the evidence review, negotiation, and any license petition on your own. | Someone who has read the evidence, understands the sentence, and has no license, job, or record concerns that change the picture |
| Public defender | Assigned if you qualify. The court may order repayment if you are able to pay. | A licensed attorney for the criminal case. Ask whether the separate license petition is covered. | Anyone who cannot afford private counsel without substantial hardship |
| Private attorney | A fee you agree to in advance | The criminal case, and the license petition if it is in the agreement. You choose the lawyer. | Anyone who wants to choose their attorney, or has a license, career, or prior record at stake |
Why a First DUI Is Not a Minor Ticket
People sometimes treat a first DUI like a serious traffic ticket: show up, pay, move on. Montana law does not treat it that way.
- No deferral. A court may not defer imposition of sentence for a DUI (MCA § 61-8-1011(4)), and the prosecution may not be deferred either (MCA § 46-16-130(4)).
- It counts for 10 years, or longer. A first conviction makes any DUI in the next 10 years a second offense with mandatory jail, and it counts forever toward a third (MCA § 61-8-1011).
- The penalties are real. A 6-month suspension, a $600 to $1,000 fine, and for an impairment conviction a 24-hour jail minimum. See first-offense DUI.
- The effects reach outside court. Insurance, employment, professional licenses, and travel to Canada. See what a DUI affects.
What a Lawyer Actually Does in a DUI Case
The work is mostly review, and it happens before any decision about a plea:
- whether the officer had a lawful basis to stop the vehicle and to arrest;
- how the field sobriety tests were given, checked against the video;
- whether the breath instrument was properly certified and the operator qualified, or how a blood sample was drawn and handled;
- whether the evidence supports the specific charge filed: impairment, per se, or aggravated;
- whether priors were counted correctly;
- the license side, including the 30-day petition after a refusal and a probationary license.
Sometimes that review finds a problem that changes the case. Sometimes it confirms that the evidence is solid, and the work shifts to getting the best available terms. Either way you make the decision knowing what the State can prove. Our page on DUI defenses describes where cases are typically challenged.
The Public Defender
If you cannot afford a lawyer and the charge carries possible jail time, the court must order counsel assigned (MCA § 46-8-101). Counsel is assigned first and eligibility is determined afterward. You are eligible if your gross household income is at or below 133% of the federal poverty level, or if your disposable income and assets are not enough to retain competent private counsel without substantial hardship (MCA § 47-1-111(3)). Having a job or posting bail does not disqualify you by itself.
Two things to know. If you are convicted and able to pay, the court can order repayment: $250 for a misdemeanor plea before trial (MCA § 46-8-113). And the appointment is for the criminal charge. The petition to challenge a refusal suspension is a separate civil case in district court, so ask your assigned attorney right away whether it is covered and what to do if it is not.
Representing Yourself
You have the right to. If you do, at minimum:
- plead not guilty at arraignment and ask for the police reports and video before deciding anything;
- calendar the 30-day license deadline if you refused a test;
- read the penalty statute for your exact charge, MCA § 61-8-1007;
- do not discuss the facts with the prosecutor without understanding that what you say can be used;
- ask the court about a probationary license recommendation before sentencing, not after.
When You Should Not Go Without a Lawyer
- You hold a commercial driver's license or a professional license.
- You have any prior DUI, in any state.
- The charge is aggravated, or there was a crash, an injury, or a child in the vehicle.
- You are not a U.S. citizen.
- You are under 21.
- You are in a custody or parenting dispute.
- You need to cross the Canadian border for work or family.
If cost is the obstacle, our page on what a DUI lawyer costs explains how fees work and what to ask.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.