Montana Criminal Child Endangerment Attorneys

Luebeck, Hammar, McCarty & Goldwarg

Criminal Child Endangerment – Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs with a Child in the Vehicle

Luebeck, Hammar, McCarty & Goldwarg is a Bozeman, Montana law firm with trial attorneys specializing in the defense of felony Montana Criminal Child Endangerment charges across the State of Montana, involving the operation of a motor vehicle while under the influence of alcohol or drugs with a child in the vehicle. Contact our firm for more information as to how we can assist you in your case. Below are some common frequently asked questions (FAQs) we receive from our clients.

• Why is it Important to Retain a Law Firm Experienced in Criminal Child Endangerment Charges Involving Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs With a Child in the Vehicle?
• What Should I Bring to My First Meeting With Your Office?
• What is a Criminal Child Endangerment Involving Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs With a Child in the Vehicle Charge in Montana?
• I Refused to Take a Breath or Blood Test Upon Request of the Arresting Officer. Under Montana’s “Implied Consent” Law, What Will Happen to My Driver’s License as a Result of Refusing to Take the Test?
• Are These the Only Penalties I May Face For Criminal Child Endangerment Involving Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs With a Child in the Vehicle?
• I Didn’t Do Anything Wrong! Why Did I Get Arrested?
• What Can I Expect From Your Firm?
• Why Choose Our Firm?

Why is it Important to Retain a Law Firm Experienced in Criminal Child Endangerment Charges Involving Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs with a Child in the Vehicle?

Defense of Criminal Child Endangerment charges involving the operation of a motor vehicle while under the influence of alcohol and/or drugs with a child in the vehicle involves much of the same complicated legal, technical and scientific principles involved in DUI defense. As a client of our firm, our attorneys will scrutinize law enforcement’s actions in your case for evidence of failure to properly investigate the case and draw the appropriate inferences. We will question the scientific conclusions drawn from the alleged crime scene investigation and collection of evidence, which are often subject to alternative, exculpatory and noncriminal explanations. Our attorneys will dissect law enforcement’s investigative methods for evidence of Miranda violations and coercive police techniques, unlawful search and seizure procedures, and the improper testing and handling of critical blood alcohol evidence.

What Should I Bring to My First Meeting With Your Office?

You should bring all of the court-related documents you have received from law enforcement and the Court. This may include the charging documents (Felony Citation or Information), affidavit of probable cause, a copy of your bond conditions if you have seen a judge, the “Implied Consent Advisory” or “Right to Appeal” form, which may have been provided to you by law enforcement related to a breath test, blood test or refusal to take a test, and the document informing you of your next court hearing.

What is a Criminal Child Endangerment Charge Involving Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs with a Child in the Vehicle in Montana?

For a Criminal Child Endangerment charge involving the operation of a motor vehicle while under the influence of alcohol or drugs with a child in the vehicle, the State must establish at trial that the person purposely, knowingly, or negligently caused a substantial risk of death or serious bodily injury to a child under 14 years of age by driving while under the influence of alcohol or drugs with the child in the person’s vehicle.

Criminal Child Endangerment is a very serious offense and a person convicted of this crime can be imprisoned for a term of up to 10 years in the state prison and receive a fine up to $50,000.

Additional penalties can include, but are by no means limited to:

• A felony criminal record.
• The stigma associated with felony conviction.
• A prison sentence.
• A commitment to the department of corrections.
• Felony probation or parole.
• Loss of your Montana or other state noncommercial or commercial driver’s license(s) and privilege(s).
• Prosecution fees.
• An alcohol evaluation by a licensed addiction counselor and the requirement that the person comply with any treatment recommendations made by the counselor.
• Sentencing conditions that limit your ability to frequent establishments where alcohol is served.
• A prohibition against the use of alcohol for a period of time.
• Points on your driving record.
• An increase in car insurance premiums.

I Refused to Take a Breath or Blood Test Upon Request of the Arresting Officer. Under Montana Law, What Will Happen to My Driver’s License as a Result of Refusing to Take the Test?

Under Montana Law, a person who operates or is in actual physical control of a vehicle or commercial motor vehicle upon the ways of this state open to the public is considered to have given consent to a test or tests of the person’s blood or breath for the purpose of determining any measured amount or detected presence of alcohol or blood or oral fluid for the purpose of determining any measured amount or detected presence of drugs in the person’s body.

The test or tests must be administered at the direction of a peace officer when:

1. the peace officer has particularized suspicion to believe that the person has been driving or in actual physical control of a vehicle upon ways of this state open to the public while under the influence of alcohol, drugs, or a combination of the two and the person has been detained for a violation of driving under the influence or an offense that meets the definition of aggravated driving under the influence;
2. the person is under the age of 21 and the peace officer has particularized suspicion to believe that the person has been driving or in actual physical control of a vehicle when the person is under 21 years of age at the time of the offense while the person’s alcohol concentration, as shown by analysis of the person’s blood, breath, or other bodily substance, is 0.02 or more; or
3. the peace officer has probable cause to believe that the person was driving or in actual physical control of a vehicle or commercial motor vehicle:
   1. in violation of driving under the influence and the person has been placed under arrest;
   2. in violation of driving under the influence and the person has been involved in a motor vehicle crash or collision resulting in property damage;
   3. and the person has been involved in a motor vehicle accident or collision resulting in serious bodily injury or death; or
   4. in violation of driving under the influence and meets the definition of aggravated driving under the influence.

Non-Commercial Driver’s License Suspension:

Upon a first refusal of a blood alcohol test, the person will incur a non-commercial driver’s license suspension of 6 months with no provision for a restricted probationary license. Upon a second or subsequent refusal within 5 years of a previous refusal, a person will incur a non-commercial driver’s license suspension of 1 year with no provision for a restricted probationary license.

Commercial Driver’s License Suspension:

If a person is the holder of a commercial driver’s license, in addition to any action taken against the driver’s noncommercial driving privileges upon a first refusal, the person’s commercial driver’s license will be suspended for a 1-year period and, upon a second or subsequent refusal, the person’s commercial driver’s license will be suspended for life, subject to department rules adopted to implement federal rules allowing for license reinstatement, if the person is otherwise eligible, upon completion of a minimum suspension period of 10 years. If the person has a prior conviction of a “major offense” as defined under Montana law, arising from a separate incident, the conviction has the same effect as a previous testing refusal for the holder of a commercial driver’s license.

Challenging the Driver’s License Suspension Under Montana’s Implied Consent Law:

A person whose license is suspended in Montana has a right to contest the seizure of their license by filing a petition in district court. Montana law specifically provides that: “Within 30 days after notice of the right to a hearing has been given by a peace officer, a person may file a petition to challenge the license suspension or revocation in the district court in the county where the arrest was made.” See Montana Code Annotated § 61-8-1017.

Are These the Only Penalties I May Face for Involving Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs with a Child in the Vehicle?

No. There are many other possible penalties you can face if you are convicted of a Criminal Child Endangerment in Montana. Once you meet with one of our attorneys the other possible penalties will be discussed with you in detail in addition to your possible defenses.

I Didn’t Do Anything Wrong! Why Did I Get Arrested?

Because of the current negative political climate surrounding DUIs and alcohol related offenses, especially those involving death or bodily injury, prosecutors often feels obligated to charge individuals under these circumstances despite the lack of evidence of criminal wrongdoing. Curiously, public opinion is often more virulent and outspoken when one is accused of this crime than a person who is accused of other intentional, violent acts, such as assault with a weapon or murder. Unfortunately, this phenomenon can make defending these types of crimes more challenging than other criminal cases.

What Can I Expect From Your Firm?

You can expect us to represent you at all court-related phases of your case and aggressively advocate on your behalf. Criminal Child Endangerment defense centers upon attacking the State’s evidence to establish that one or more of those elements cannot be proven at trial. For example, the evidence could also establish that the accused was not “under the influence” while operating his or her vehicle with a child in the vehicle.

Depending on the specific facts of your case, we will, for example:

• Examine your case for constitutional violations.
• Scrutinize the officer’s administration of the standardized field sobriety tests you performed for errors.
• Examine your case for non-alcohol and/or non-drug related reasons for your failure to perform the field sobriety tests to the officer’s satisfaction.
• Challenge the validity of the non-standardized field sobriety tests the officer conducted.
• Challenge the validity of your blood alcohol concentration (BAC) results from your breath or blood test.
• Challenge the legality of the officer’s request to have you submit to a breath or blood test.
• Challenge the legality of the seizure of your driver’s license if the officer alleges you refused to take a blood or breath test.
• Prepare your case for trial.
• Negotiate a favorable plea agreement with the prosecutor in your case.
• Try your case before a jury or judge.

Why Choose Our Firm?

Our attorneys realize that the vast majority of clients arrested for Criminal Child Endangerment have little or no prior criminal history or involvement with police. Consequently, we understand the stress our clients endure when they are accused of a felony offense and our attorneys are committed to helping you through the process and serving as a strong advocate who is on your side. Considering that defending alcohol related offenses is one of our specialty areas of practice, our attorneys are in an ideal position to look at your predicament with empathy and understanding. At Luebeck, Hammar, McCarty & Goldwarg, we are committed to treating you with the respect and dignity that you deserve and look forward to serving you in your time of need.

If you are accused of committing the offense of Criminal Child Endangerment in Montana, contact our firm to speak to one of our criminal defense attorneys. Luebeck, Hammar, McCarty & Goldwarg is comprised of a dedicated team of Montana trial lawyers committed to protecting your constitutional and legal rights and helping you navigate the Montana criminal justice system.