11/02/2026
"I didn't blow, so there's nothing they can use." It's a common belief after a Missoula DUI stop.
Refusing doesn't erase the case the way people expect. Under Montana law, a refusal may still come into the courtroom as evidence, and it does not automatically stop the state from prosecuting the DUI. It still counts. The officer's report doesn't disappear just because the tube never got used.
There's a second track running at the same time: the license fight. If you refused, there's typically a 30-day window after the arrest to request an administrative hearing, and missing it may close off that separate fight over your license. That clock runs on its own, apart from whatever happens in criminal court.
The earlier in the case, the more options you have. Call us: 406-506-0575.