Bring every paper you were handed after the arrest, any mail you have received since, and written notes on what happened while you still remember it. That is the short answer. The longer one is below, with the reason each item matters, so you can prepare for a first meeting with any lawyer. It is part of our Montana DUI Guide.
The Paperwork Checklist
| Bring | What it tells the lawyer |
|---|---|
| Citation or notice to appear | The exact charge and subsection, the court, and your first court date |
| Notice of suspension and temporary driving permit | Whether the officer recorded a refusal, and the date the 30-day petition period started |
| Bail or release paperwork | The conditions you must follow, such as no alcohol or testing |
| Anything the jail or officer handed you | A breath test printout, a property sheet, a tow or impound slip |
| Any letter from the court or the Motor Vehicle Division | Dates and deadlines you may not know about yet |
| Your driver's license details | The state, the class, and any commercial endorsement |
| Paperwork from any earlier DUI, in any state | Whether a prior conviction counts, and how |
| A list of your medications and medical conditions | Factors that can bear on roadside tests and on a drug charge |
| Medical records from that night, if you were treated | Injuries, and whether blood was drawn for treatment |
Two of these carry dates that cannot be moved. If you refused a test, the officer must give you written notice of the suspension and of the right to a hearing, along with a temporary permit valid for 5 days (MCA § 61-8-1016(4)(c)(ii)). The petition to challenge the suspension is due within 30 days after that notice (MCA § 61-8-1017(1)). The citation or release paperwork gives your first court date. See when to hire a DUI lawyer for how those dates fit together.
Write Down the Timeline of the Day
Start well before the stop. A lawyer will want to know:
- when you woke up and how much you had slept;
- what you ate and when;
- what you drank, where, and over what period, with your best honest estimate;
- any medication, cannabis, or other substance in the previous day or two, and whether a prescription covers it;
- who you were with, and their contact information;
- where you were, and whether those places are likely to have cameras or receipts.
Estimates are fine. Mark them as estimates. Guessing with confidence is worse than writing "not sure."
Write Down the Stop
An officer needs particularized suspicion to stop a vehicle, and when the stop is for a traffic violation the officer generally must tell you the reason as promptly as possible (MCA § 46-5-401(1)). So note:
- where you were driving from and to, and the road and direction;
- where the patrol car was when you first saw it, and how long it followed you;
- what the officer said the reason for the stop was, in the officer's words as closely as you can recall;
- what you were asked and what you answered;
- whether there were passengers or other officers.
Our page on challenging the traffic stop explains why these details matter.
Write Down the Roadside Tests
The standardized field sobriety tests are meant to be given under set conditions, and the conditions are often what a defense turns on. Record:
- the surface: paved or gravel, level or sloped, dry, wet, or icy;
- the weather, temperature, wind, and lighting, including flashing lights and passing traffic;
- your footwear;
- any injury or condition affecting your back, legs, balance, or eyes, and whether you told the officer;
- whether the officer demonstrated each test and what instructions you remember;
- whether you blew into a handheld device at the roadside.
See field sobriety tests in Montana.
Write Down the Breath or Blood Test
- where the test was given and about what time, compared with the time of the stop;
- whether the officer read you an advisory about the right to refuse and the license suspension, which the implied consent law requires (MCA § 61-8-1016(2)(c));
- for a breath test: how many times you blew, whether you burped, vomited, or had anything in your mouth beforehand, and who was with you in the minutes before;
- for a blood test: where it was drawn, who drew it, what was used to clean your arm if you noticed, and whether you saw the tubes sealed and labeled;
- whether you asked for an independent blood test, and what happened (MCA § 61-8-1019(2));
- if you refused, exactly what you said and what the officer said.
Keep the Notes Private
Put "notes for my attorney" at the top and give them only to a lawyer. Montana law protects communications made by a client to an attorney in the course of professional employment (MCA § 26-1-803), and a lawyer you consult must keep what you say confidential even if you hire someone else (Rule 1.20(b)). Neither protection covers a text thread with friends or a social media post. Until the case is over, the safest people to discuss the facts with are lawyers.
What Else a Lawyer Will Ask
Be ready to say whether you hold a commercial driver's license or a professional license, whether you are a U.S. citizen, whether you are on probation, and whether you have any earlier DUI arrest anywhere. These change what is at stake and sometimes which lawyer you need alongside a DUI lawyer. Then ask your own questions. Our list of questions to ask a DUI lawyer and our overview of what a DUI lawyer does will help you judge the answers.
This page is general information as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.