Kalispell Personal Injury Attorney: Local Representation That Matters

When you’re injured in an accident in Kalispell, Montana, the legal process can feel overwhelming. Medical bills pile up, insurance companies push back, and the stress of recovery makes it hard to focus on anything else. You need a personal injury lawyer who knows Kalispell, knows the Flathead Valley, and knows how to win cases in Montana courts.

At Cannon Breck Law, we are Flathead Valley personal injury attorneys who fight for accident victims throughout Kalispell, Whitefish, Columbia Falls, Bigfork, Polson, and all of northwestern Montana.

Why Local Representation Matters in Kalispell

Personal injury cases are not just about the law — they’re about the local context. A Kalispell personal injury lawyer brings critical advantages:

• Knowledge of local courts — We practice regularly in Flathead County District Court and know the judges, procedures, and local rules that affect case strategy
• Familiarity with local roads and conditions — From Highway 93 through Kalispell to the icy mountain passes near Glacier Park, we understand the road conditions, intersections, and traffic patterns that cause accidents here
• Local medical provider relationships — We work with Kalispell Regional Medical Center, The Orthopedic Surgery Center, and other local providers, understanding how they document injuries and what records we need to build your case
• Understanding of the local jury pool — Flathead Valley jurors have specific values and perspectives that affect case evaluation and trial strategy
• Community accountability — We live and work here. Our reputation depends on delivering results for our neighbors

Types of Personal Injury Cases We Handle in Kalispell

• Car accidents — Collisions on Highway 93, Highway 2, Highway 35, and throughout the Flathead Valley
• Truck accidents — Semi-truck and commercial vehicle crashes on Montana highways
• Motorcycle accidents — Rider injuries on Flathead Valley roads
• Slip and fall injuries — Premises liability on commercial and residential properties
• Dog bites — Animal attack injuries under Montana’s strict liability statute
• Wrongful death — Fatal accidents caused by another’s negligence
• Medical malpractice — Healthcare provider negligence at local facilities
• Construction injuries — Job site accidents and third-party claims
• Nursing home abuse — Elder care facility negligence and abuse
• Wildlife collisions — Vehicle-animal crash claims

What Sets Cannon Breck Law Apart

We Prepare Every Case for Trial

Insurance companies know which lawyers actually go to trial and which ones always settle. When they know your attorney is prepared to take the case to a Flathead County jury, their settlement offers reflect that reality. We prepare every case as if it’s going to trial — because that preparation produces better results whether the case settles or not.

No Fee Unless We Win

We handle personal injury cases on a contingency fee basis. You pay nothing upfront and owe no attorney fees unless we recover compensation for you. This means we take the financial risk — not you.

Direct Attorney Communication

When you call Cannon Breck Law, you talk to your attorney — not a paralegal reading from a script. We believe direct communication produces better outcomes and reduces the stress and frustration that come with feeling uninformed about your own case.

The Personal Injury Claims Process

1. Free consultation — We evaluate your case, explain your options, and answer your questions at no cost
2. Investigation — We gather evidence: police reports, medical records, witness statements, photographs, and expert opinions
3. Medical documentation — We ensure your injuries are fully documented and that you receive appropriate ongoing treatment
4. Demand and negotiation — We present a comprehensive demand to the insurance company backed by the full weight of your evidence
5. Litigation if necessary — If the insurer won’t pay fair value, we file suit and prepare for trial in Flathead County District Court
6. Resolution — Whether through settlement or verdict, we fight for the maximum compensation your case warrants

Damages in Montana Personal Injury Cases

Montana personal injury victims can recover:

• All past and future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Property damage
• Punitive damages in cases of extreme negligence or intentional misconduct

Montana has no cap on compensatory damages in most personal injury cases (medical malpractice has a cap on non-economic damages). Your recovery is limited only by the evidence and the strength of your case.

Contact Cannon Breck Law in Kalispell

If you’ve been injured in an accident in Kalispell or anywhere in the Flathead Valley, don’t wait to get legal help. Evidence fades, witnesses forget, and the statute of limitations runs. The personal injury attorneys at Cannon Breck Law are ready to fight for you.

Call us today for a free, no-obligation consultation.

Car Accident Claims in Montana: What You Need to Know

Montana’s highways see thousands of car accidents every year. From icy winter conditions on Highway 93 through the Flathead Valley to summer tourist traffic near Glacier National Park, Montana drivers face unique road hazards. If you’ve been injured in a car accident, understanding Montana’s fault-based insurance system and legal deadlines is critical to recovering fair compensation.

At Cannon Breck Law, we represent car accident victims throughout Kalispell, Whitefish, Columbia Falls, Polson, and all of Montana.

Montana Is a Fault-Based State

Montana uses a fault-based (tort) system for car accidents. The driver who caused the crash is responsible for paying the damages. After an accident, you have three options:

1. File a claim with your own insurer (who may seek reimbursement from the at-fault driver’s insurer)
2. File a third-party claim directly with the at-fault driver’s insurance company
3. File a personal injury lawsuit in Montana district court

Montana Auto Insurance Requirements

Under MCA § 61-6-301, all Montana drivers must carry minimum liability insurance:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $20,000 per accident for property damage

These minimums are dangerously low. A serious accident with hospitalization can easily exceed $100,000 in medical bills alone. If the at-fault driver carries only the minimum coverage, you may need to rely on your own underinsured motorist (UIM) coverage to make up the difference — another reason why carrying adequate UIM coverage is critical for Montana drivers.

Comparative Negligence

Montana follows a modified comparative negligence rule. Under MCA § 27-1-702, your damages are reduced by your percentage of fault. You can still recover as long as your fault does not exceed 50%. If you are found 51% or more at fault, you recover nothing.

Example: If you suffer $100,000 in damages and are found 20% at fault (for example, you were slightly speeding when the other driver ran a red light), your recovery is reduced to $80,000.

Insurance adjusters routinely try to assign partial fault to victims to reduce payouts. Having an attorney who understands accident reconstruction and Montana traffic law prevents this tactic from succeeding.

Uninsured and Underinsured Motorist Claims

Despite the legal requirement to carry insurance, many Montana drivers are uninsured. Montana’s uninsured motorist rate is among the higher in the nation. If you’re hit by an uninsured driver, your uninsured motorist (UM) coverage pays for your injuries and damages — but you must still prove the other driver’s fault and your damages, just as you would in a claim against their insurer.

When the at-fault driver’s coverage is insufficient to cover your damages, your underinsured motorist (UIM) coverage fills the gap. We strongly recommend Montana drivers carry at least $100,000/$300,000 in UM/UIM coverage.

What to Do After a Montana Car Accident

1. Check for injuries and call 911 — Medical attention is the top priority
2. Move to safety if possible — Montana law requires vehicles to be moved from travel lanes if they can be safely moved
3. Exchange information — Names, insurance, license plate numbers, and driver’s license numbers for all parties
4. Document the scene — Photograph vehicle damage, skid marks, traffic signals, road conditions, and any visible injuries
5. Get witness information — Names and phone numbers of anyone who saw the accident
6. Report to law enforcement — Montana law requires reporting accidents involving injury, death, or property damage exceeding $1,500
7. Seek medical evaluation — Even if you feel fine, some injuries (concussions, soft tissue injuries, internal bleeding) may not be immediately apparent
8. Do not give recorded statements to the other driver’s insurance company without consulting an attorney
9. Contact a car accident attorney — Early legal involvement preserves evidence and prevents costly mistakes

Common Injuries in Montana Car Accidents

• Whiplash and neck injuries — The most common car accident injury, often minimized by insurers despite causing chronic pain
• Traumatic brain injuries — Concussions and more severe brain injuries from head impact or violent jolting
• Back and spinal injuries — Herniated discs, vertebral fractures, and spinal cord damage
• Broken bones — Fractures of the arms, legs, ribs, pelvis, and facial bones
• Internal organ damage — Damage to the liver, spleen, kidneys, or lungs from seatbelt or steering wheel impact
• PTSD and psychological injuries — Anxiety, depression, driving phobia, and post-traumatic stress following serious accidents

Statute of Limitations

Montana’s statute of limitations for car accident personal injury claims is three years from the date of the accident (MCA § 27-2-204). Property damage claims also carry a three-year deadline. Missing this deadline permanently bars your claim.

Damages You Can Recover

• All medical expenses (emergency room, surgery, rehabilitation, future treatment)
• Lost wages (past and future)
• Pain and suffering
• Loss of enjoyment of life
• Property damage (vehicle repair or replacement, personal items)
• Loss of consortium (impact on your relationship with your spouse)
• Punitive damages (in cases involving drunk driving, road rage, or extreme recklessness)

Contact Cannon Breck Law

If you’ve been injured in a car accident in Montana, the personal injury attorneys at Cannon Breck Law will fight to get you the compensation you deserve. We handle cases on a contingency fee basis — you pay nothing unless we recover for you. We serve accident victims throughout Kalispell, Whitefish, Columbia Falls, Polson, and all of Montana.

Call us today for a free consultation.

Filing for Divorce in Montana: A Comprehensive Guide

Divorce — formally called dissolution of marriage in Montana — is one of the most consequential legal processes a person can go through. It affects your finances, your property, your children, and your future. Understanding Montana’s divorce laws helps you prepare for what lies ahead and make informed decisions.

At Cannon Breck Law, we guide families throughout the Flathead Valley — Kalispell, Whitefish, Columbia Falls, Bigfork, and Polson — through the dissolution process with skill and compassion.

Grounds for Divorce in Montana

Montana is a no-fault divorce state. Under MCA § 40-4-104, the only ground for divorce is that there has been an irretrievable breakdown of the marriage. You do not need to prove adultery, abandonment, cruelty, or any other fault-based ground. If one spouse believes the marriage is irretrievably broken, that is sufficient — the other spouse cannot prevent the divorce by disagreeing.

Residency Requirement

To file for divorce in Montana, at least one spouse must have been a resident of the state for 90 days before filing the petition. The petition is filed in the district court of the county where either spouse resides.

Property Division: Equitable Distribution

Montana is an equitable distribution state, not a community property state. Under MCA § 40-4-202, the court divides marital property in a manner that is equitable — which means fair, but not necessarily equal.

The court considers all relevant factors, including:

• Duration of the marriage
• Each spouse’s age, health, and employability
• Each spouse’s contribution to the marriage (including homemaking and child-rearing)
• Each spouse’s economic circumstances at the time of division
• Whether property was acquired before or during the marriage
• Any dissipation (waste) of marital assets by either spouse

Important Montana distinction: Montana courts have the authority to divide ALL property owned by either spouse, including property acquired before the marriage and property acquired by gift or inheritance. While pre-marital and inherited property may be treated differently in the analysis, it is not automatically excluded from division as it is in some states.

Valuation of Assets

Property division in the Flathead Valley often involves complex valuation issues:

• Real estate — Homes, ranch land, and investment properties in Kalispell, Whitefish, and Bigfork may have appreciated significantly and require professional appraisals
• Business interests — Family businesses, professional practices, and partnership interests must be valued by forensic accountants
• Retirement accounts — 401(k)s, pensions, and IRAs require QDROs (Qualified Domestic Relations Orders) for proper division
• Agricultural assets — Livestock, equipment, water rights, and crop inventories common in rural Montana require specialized valuation

Maintenance (Alimony)

Montana courts may award maintenance (the Montana term for alimony) under MCA § 40-4-203 when a spouse:

• Lacks sufficient property to provide for their reasonable needs, AND
• Is unable to support themselves through appropriate employment, OR
• Is the custodian of a child whose condition or circumstances make it inappropriate for the parent to seek full-time employment

The court considers the requesting spouse’s financial needs, the paying spouse’s ability to pay, the standard of living established during the marriage, the duration of the marriage, and the time needed for the requesting spouse to acquire education or training for employment.

Montana maintenance awards can be temporary (during the divorce proceedings), rehabilitative (for a set period to allow the spouse to become self-supporting), or in rare cases involving long marriages and significant earning disparities, permanent.

The Dissolution Process

1. Petition: One spouse files a Petition for Dissolution with the district court and serves it on the other spouse
2. Response: The responding spouse has 21 days (if served in Montana) or 30 days (if served outside Montana) to file a response
3. Temporary orders: Either party can request temporary orders for child custody, support, use of the family home, and other interim matters
4. Discovery: Both parties exchange financial information — bank statements, tax returns, pay stubs, retirement account statements, real estate appraisals
5. Mediation: Montana courts strongly encourage (and often require) mediation before trial
6. Trial: If settlement is not reached, the court holds a trial and the judge decides all contested issues
7. Decree: The court enters a Decree of Dissolution that formally dissolves the marriage and addresses all property, custody, and support issues

An uncontested divorce where both parties agree on all terms can be completed in as little as 21-30 days. Contested divorces typically take 6-18 months or longer.

Protecting Your Interests

Several critical steps can protect your financial and legal interests during a Montana divorce:

• Gather and secure financial documents early (bank statements, tax returns, retirement statements, property records)
• Do not move money, hide assets, or make large purchases without legal counsel
• Understand the tax implications of property division and maintenance
• If domestic violence is a factor, seek a protective order immediately
• Consult an attorney before signing any agreements proposed by your spouse

Contact Cannon Breck Law

Divorce requires careful legal strategy to protect your property, your parental rights, and your financial future. The family law attorneys at Cannon Breck Law provide experienced representation in dissolution proceedings throughout the Flathead Valley and all of Montana.

Contact us today for a confidential consultation about your divorce.

Montana Commercial Litigation: Resolving Business Disputes

Running a business in Montana means navigating contracts, partnerships, vendor relationships, and competitive markets. When business relationships break down — whether through breach of contract, fraud, partnership disputes, or unfair business practices — the financial stakes can threaten the survival of your company.

At Cannon Breck Law, we represent Montana businesses in commercial litigation matters throughout the Flathead Valley and across the state, from small businesses in Columbia Falls to larger enterprises in Kalispell and Whitefish.

Breach of Contract Claims

Breach of contract is the most common business dispute in Montana. To prevail on a breach of contract claim, you must prove:

1. A valid contract existed — Written or oral (though some contracts must be in writing under the Statute of Frauds)
2. You performed your obligations — Or were excused from performance
3. The other party failed to perform — They breached a material term of the agreement
4. You suffered damages — The breach caused you quantifiable financial harm

Montana’s statute of limitations for written contracts is eight years (MCA § 27-2-202) and for oral contracts is five years (MCA § 27-2-202). These are among the longest in the nation, giving businesses significant time to pursue claims — but it’s always best to act promptly while evidence is fresh.

Partnership and LLC Disputes

Business partner disputes are particularly destructive because they attack the company from within. Common partnership and LLC disputes include:

• Breach of fiduciary duty — A partner or member self-dealing, diverting business opportunities, or competing against the company
• Embezzlement and financial mismanagement — Unauthorized distributions, unreported income, or commingling of business and personal funds
• Management deadlocks — 50/50 partnerships or member-managed LLCs that cannot agree on major decisions
• Forced buyouts and dissolution — When the business relationship is irreparable and the parties must separate
• Minority member oppression — Majority owners freezing out minority members from management, distributions, or information

Montana’s Uniform Limited Liability Company Act (MCA § 35-8-101 et seq.) and Uniform Partnership Act (MCA § 35-10-101 et seq.) govern the rights and obligations of business owners. Operating agreements and partnership agreements can modify many default provisions, making the specific language of your agreements critical.

Fraud and Misrepresentation

Business fraud claims in Montana require proof of:

1. A false representation of a material fact
2. Knowledge that the representation was false (or reckless disregard for truth)
3. Intent to induce reliance
4. Justifiable reliance by the plaintiff
5. Resulting damages

Montana also recognizes constructive fraud — which does not require intent to deceive but arises from a breach of duty in a fiduciary or confidential relationship. This is particularly relevant in business disputes involving partners, officers, directors, and agents.

Non-Compete and Trade Secret Disputes

Montana’s approach to non-compete agreements is nuanced. While Montana generally disfavors restraints on trade, courts will enforce reasonable non-compete agreements that protect legitimate business interests. Key factors include:

• Whether the restriction is reasonable in geographic scope and duration
• Whether it protects a legitimate business interest (trade secrets, customer relationships, specialized training)
• Whether it imposes an undue hardship on the employee

Trade secret misappropriation is actionable under Montana’s version of the Uniform Trade Secrets Act (MCA § 30-14-401 et seq.), which provides for injunctive relief, actual damages, unjust enrichment, and attorney fees in cases of willful misappropriation.

Remedies in Commercial Litigation

Montana courts can award various remedies in business disputes:

• Compensatory damages — Direct financial losses caused by the breach or wrongful conduct
• Consequential damages — Indirect losses that were foreseeable at the time of contracting (lost profits, lost business opportunities)
• Specific performance — A court order requiring the breaching party to fulfill their contractual obligations (most common in real estate and unique goods contracts)
• Injunctive relief — Court orders to stop ongoing harmful conduct (trade secret misuse, non-compete violations, unfair competition)
• Punitive damages — Available when the defendant’s conduct involved actual fraud or malice
• Attorney fees — Recoverable if the contract contains a fee-shifting provision or a statute authorizes it
• Accounting — Court-ordered review of financial records in partnership and fiduciary disputes

Alternative Dispute Resolution

Many Montana business contracts include arbitration or mediation clauses. Even without a contractual requirement, Montana courts often encourage mediation before trial. ADR can resolve disputes faster and at lower cost than full litigation — though it is not always appropriate, particularly when emergency injunctive relief is needed or when one party is acting in bad faith.

Contact Cannon Breck Law

When your business is threatened by a contract dispute, partnership conflict, or competitive harm, the business litigation attorneys at Cannon Breck Law provide the aggressive, strategic representation Montana businesses need. We serve businesses throughout Kalispell, Whitefish, Columbia Falls, Bigfork, and the greater Flathead Valley.

Contact us today to discuss your business dispute.

Property Boundary and Easement Disputes in Montana

In the Flathead Valley — where rural acreage, subdivision development, and Montana’s unique land-use history converge — property boundary disputes and easement conflicts are among the most common civil litigation matters. Whether you own a ranch outside Kalispell, a cabin near Whitefish Lake, or a subdivision lot in Columbia Falls, understanding Montana property law protects your investment and your rights.

At Cannon Breck Law, we resolve boundary disputes, easement conflicts, and property access issues for landowners throughout northwestern Montana.

Common Boundary Dispute Scenarios

• Fence line disagreements — A neighbor’s fence is built on your property, or you discover your fence encroaches on theirs. Montana’s fence-line doctrine has specific rules about long-standing fence lines
• Survey discrepancies — A new survey reveals that property boundaries differ from what the parties assumed for years, sometimes showing that structures, driveways, or landscaping encroach over the line
• Adverse possession claims — A neighbor claims ownership of a portion of your land based on open, continuous, and hostile use for five or more years under MCA § 70-19-411
• Subdivision plat errors — Errors in recorded subdivision plats that create overlapping lot boundaries or ambiguous setbacks
• Natural boundary changes — Rivers, creeks, and lakeshores that shift over time, altering the legal boundaries of riparian properties (common along the Flathead River and Flathead Lake)

Montana’s Adverse Possession Requirements

To claim adverse possession in Montana, the claimant must prove possession that was:

1. Open and notorious — Visible to anyone, including the true owner
2. Hostile and under claim of right — Without the owner’s permission
3. Exclusive — The claimant used the property as their own
4. Continuous — For a minimum of 5 years under MCA § 70-19-411
5. Payment of taxes — The claimant paid all property taxes during the possession period

Montana’s tax-payment requirement makes adverse possession harder to establish than in some states, but claims do succeed, particularly in rural areas where boundaries are poorly marked.

Easements in Montana

An easement is a legal right to use someone else’s property for a specific purpose. Common easement types in the Flathead Valley include:

Express Easements

Created by a written agreement or deed, recorded with the county. Examples include utility easements, road access easements, and shared driveway agreements.

Prescriptive Easements

Similar to adverse possession, a prescriptive easement arises when someone uses another person’s land openly, continuously, and without permission for five years under MCA § 70-17-106. Unlike adverse possession, the user does not need to pay property taxes — they acquire only the right to continue the specific use, not ownership of the land.

Prescriptive easement disputes are extremely common in Montana, particularly involving:

• Access roads across neighboring properties
• Irrigation ditches and water delivery systems
• Trails and paths used for decades by locals
• Utility access across private land

Easements by Necessity

When a parcel of land is landlocked (no access to a public road), Montana courts may grant an easement by necessity over adjacent property. The landlocked owner must show that the parcels were once part of a common tract and that the easement is strictly necessary for access.

Conservation Easements

Montana has a robust conservation easement program. Landowners can voluntarily restrict development on their property in exchange for tax benefits. These easements run with the land and bind future owners. The Flathead Valley has extensive conservation easements aimed at preserving agricultural land and wildlife habitat.

Resolving Boundary and Easement Disputes

Montana courts offer several remedies for property disputes:

• Quiet title action — A lawsuit that asks the court to declare who owns the disputed property, resolving competing claims definitively
• Declaratory judgment — A court ruling that clarifies the existence, scope, or terms of an easement
• Injunction — A court order requiring a party to stop trespassing, remove an encroaching structure, or restore access
• Damages — Monetary compensation for lost property value, crop damage, access interference, or trespass
• Mediation — Many Flathead County judges require mediation before trial in property disputes, which often produces faster and less expensive resolutions

The Importance of Surveys

A professional land survey by a licensed Montana surveyor is almost always the first step in resolving a boundary dispute. Montana law requires surveys to be performed by registered professional land surveyors. Survey costs vary based on terrain and complexity but typically run $500-$3,000+ in the Flathead Valley. The survey provides the objective evidence courts rely on to determine where boundaries actually lie.

Contact Cannon Breck Law

Property disputes can escalate quickly and damage neighbor relationships permanently. The real estate attorneys at Cannon Breck Law work to resolve boundary and easement disputes efficiently — through negotiation when possible, and through aggressive litigation when necessary. We serve landowners throughout Kalispell, Whitefish, Columbia Falls, Bigfork, Polson, and all of northwestern Montana.

Contact us today to discuss your property dispute.

Montana DUI Laws: What You’re Facing and How to Fight Back

Montana takes driving under the influence seriously, and the penalties escalate dramatically with each offense. If you’ve been charged with DUI in the Flathead Valley — whether in Kalispell, Whitefish, Columbia Falls, or anywhere in Flathead County — understanding the specific penalties, administrative consequences, and available defenses is critical to protecting your future.

At Cannon Breck Law, we defend Montanans accused of DUI and fight to minimize the impact on their lives, careers, and driving privileges.

Montana BAC Limits

Under MCA § 61-8-401, it is illegal to drive with:

• 0.08% BAC or higher — Standard DUI for drivers 21 and older
• 0.04% BAC or higher — Commercial vehicle operators
• Any detectable amount — Drivers under 21 (Montana has a zero-tolerance policy for underage DUI)

You can also be charged with DUI if you are under the influence of alcohol, drugs (including prescription medications and marijuana), or any combination — even if your BAC is below 0.08%.

DUI Penalties by Offense

First Offense DUI

• Jail: Up to 6 months in county jail (24-hour minimum if BAC ≥ 0.16%)
• Fine: $600 to $1,000 (plus surcharges)
• License suspension: 6 months
• Chemical dependency assessment: Required (ACT course)
• Ignition interlock device (IID): May be ordered, especially for high BAC
• Probation: Typically 6-12 months with conditions

Second Offense DUI

• Jail: 7 days to 6 months (mandatory minimum 7 days, cannot be suspended)
• Fine: $1,200 to $2,000
• License suspension: 1 year
• Chemical dependency treatment: Required (beyond the assessment)
• IID: Required for 1 year after license reinstatement
• Vehicle forfeiture: Court may order seizure of the vehicle

Third Offense DUI

• Jail: 30 days to 1 year (mandatory minimum 30 days)
• Fine: $2,500 to $5,000
• License suspension: 1 year
• IID: Required for 1 year
• Chemical dependency treatment: Required
• Vehicle forfeiture: Likely

Fourth and Subsequent DUI (Felony)

A fourth DUI within the defendant’s lifetime is charged as a felony in Montana under MCA § 61-8-731:

• Prison: 13 months to 5 years in Montana State Prison (mandatory minimum 13 months)
• Fine: $5,000 to $10,000
• License revocation: 1 year
• IID: Required for 1 year
• Felony record: Permanent criminal record affecting employment, housing, gun rights, and more

Implied Consent Law

Montana’s implied consent law (MCA § 61-8-402) means that by driving on Montana roads, you have already consented to breath or blood testing if an officer has reasonable grounds to believe you are driving under the influence. Refusing a test triggers:

• Automatic 6-month license suspension (12 months for subsequent refusals)
• The refusal can be used as evidence against you at trial
• You may still be charged with DUI based on officer observations and field sobriety tests

Common DUI Defenses

An experienced DUI defense attorney may challenge your charges on several grounds:

• Improper traffic stop — The officer must have reasonable suspicion to stop your vehicle. Without it, all evidence from the stop may be suppressed
• Breathalyzer calibration and maintenance issues — Breath test machines must be properly calibrated and maintained. Records of calibration failures can invalidate results
• Field sobriety test administration errors — Standardized field sobriety tests must be administered according to NHTSA protocols. Deviations from the protocol undermine their reliability
• Rising BAC defense — Your BAC may have been below 0.08% while driving but rose above that level by the time testing occurred (alcohol takes 30-90 minutes to fully absorb)
• Medical conditions — GERD, diabetes, and certain diets can produce falsely elevated breath test readings
• Chain of custody issues — Blood samples must be properly collected, stored, and transported. Any gap in the chain of custody can make the results inadmissible
• Miranda violations — Statements made during custodial interrogation without Miranda warnings may be suppressed

Aggravating Factors

Certain circumstances can increase DUI penalties in Montana:

• BAC of 0.16% or higher (double the legal limit)
• Minor passengers in the vehicle
• Causing an accident with injuries or death (vehicular assault or vehicular homicide)
• Driving with a suspended or revoked license
• Excessive speed in conjunction with DUI

Contact Cannon Breck Law

A DUI charge does not have to define your future. The criminal defense attorneys at Cannon Breck Law understand Montana DUI law inside and out and will fight to protect your rights, your license, and your freedom. We serve clients throughout Kalispell, Whitefish, Columbia Falls, and all of Flathead County.

Contact us immediately if you’ve been charged with DUI in Montana.