Helena, MontanaHelena Drunk Driver Accident
Helena Drunk Driver Accident Lawyers: DUI Crashes, Impaired-Driver Collisions and Dram Shop Claims in Lewis and Clark County
Boland Aarab PLLP.
If a drunk or drugged driver injured you or killed someone you love in Helena, you can bring your own civil claim for your full losses, whether or not the driver is convicted in Helena Municipal Court, Justice Court or district court. Punitive damages may be available, and a bar that served a visibly intoxicated driver may be liable, but that claim needs certified-mail notice within 180 days.
Key Takeaways
- Criminal restitution covers out-of-pocket losses, not general damages such as pain and suffering (§ 46-18-243, MCA).
- A dram shop claim requires notice by certified mail within 180 days of the sale or service and suit within 2 years (§ 27-1-710, MCA).
- A civil claim against the driver generally must be filed within 3 years (§ 27-2-204, MCA).
Hurt by an impaired driver in Helena, or lost a family member to one? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
How does the criminal DUI case in Helena relate to your claim?
Two separate cases usually run at the same time, in different Helena courtrooms.
The criminal case. Where it is heard depends on where the arrest happened and how serious the charge is. A misdemeanor DUI arrest by the Helena Police Department generally goes to Helena Municipal Court, which sits in the Law and Justice Center at 406 Fuller Avenue alongside the Helena Police Department and the Lewis and Clark County Sheriff’s Office (county Detention Center page). A misdemeanor arrest outside the city generally goes to Lewis and Clark County Justice Court, which handles misdemeanor traffic and criminal offenses in the county (Justice Court). Felony charges, including DUI crashes that cause serious injury or death, are prosecuted by the Lewis and Clark County Attorney in the First Judicial District Court.
Victim services. The Lewis and Clark County Attorney’s Office has victim/witness coordinators, based at 228 Broadway, who keep crime victims informed and help with restitution requests (DOJ Office of Victim Services listing). We coordinate with them and the prosecutor so the criminal case and your civil claim support each other.
Your civil case. Restitution ordered at sentencing is limited to pecuniary loss, such as medical bills and lost income, and many impaired drivers pay slowly or not at all. Pain, disability, loss of the course of life and a family’s grief are recovered only in a civil case, brought by your own lawyer. It does not depend on a conviction, and it can go forward even if the criminal charge is reduced or dismissed. If it does not settle, it is filed in the First Judicial District Court at the Lewis and Clark County Courthouse (§ 3-5-101(1), MCA), or in the federal Helena Division at the Paul G. Hatfield Courthouse if the driver lives out of state (D. Mont. L.R. 1.2).
Where do impaired-driving crashes happen around Helena, and what evidence matters?
Impaired drivers leave downtown bars and restaurants on Last Chance Gulch and head out on Last Chance Gulch, Cedar Street, Montana Avenue and Lyndale to reach I-15 and the valley. They drive home from the lakes after a day on Canyon Ferry or Hauser, and from events and bars in East Helena and the valley on dark two-lane roads such as Lincoln Road and York Road. Late-night crashes on those roads, with no witnesses and slow emergency response, are among the most serious.
Evidence we move to secure early:
- Police reports, body-camera and dash-camera video, and blood or breath results from the Helena Police Department, the sheriff or the Montana Highway Patrol.
- Receipts, tabs and card records showing where and how much the driver drank.
- Bar and restaurant surveillance video, which is often erased within days or weeks.
- Witnesses who saw the driver before the crash, including staff who served the driver.
- Vehicle event data on speed and braking.
Montana law provides that in “any civil or criminal action,” a test result of 0.08 or more taken within a reasonable time gives rise to a rebuttable inference that the person was under the influence (§ 61-8-1002(2), MCA).
The dram shop question. If a Helena bar, restaurant or other server furnished alcohol to someone who was visibly intoxicated, or to a minor without a reasonable attempt to check age, Montana’s dram shop statute may allow a claim. But the 180-day certified-mail notice runs from the date of service, not the date you learn where the driver was drinking. That is the most urgent deadline in these cases.
Montana law that applies
In brief: impaired driving is negligence, and a jury may find it rises to actual malice, which supports punitive damages if proven by clear and convincing evidence; the claim may be added only with the court’s permission after discovery begins (§ 27-1-221, MCA). Under the dram shop statute, a server is liable only for service to a minor, to a visibly intoxicated person, or when it forced or deceived the drinker; an adult passenger in the drinking driver’s car may not sue the server; and noneconomic and punitive damages are each capped at $250,000 (§ 27-1-710). Montana’s minimum liability limits are $25,000 per person (§ 61-6-103, MCA), so your own underinsured coverage often matters. The statewide Montana drunk driving accident lawyer page covers punitive damages, dram shop rules and restitution in detail.
Why hire a Great Falls firm for a Helena case?
Because what decides these cases is fast evidence work and a defense that believes the case will be tried. We are based in Great Falls, handle cases statewide, and our attorneys travel to Helena for depositions, hearings and trial. We represent injured people and families, not drivers charged with DUI. We do not have a Helena office.
The Boland Aarab Way
- We protect verdicts. In a rear-end crash case, the Montana Supreme Court reinstated our client’s $168,500 jury verdict (Voegel v. Salsbery, 2023 MT 137).
- We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom.
- We know federal and appellate court. More than 40 cases in the U.S. District Court for the District of Montana, and the Boland Aarab appellate record reaches back to 1977.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle wrongful death cases in Helena, uninsured motorist claims in Helena and other Helena personal injury cases.
Frequently Asked Questions
The drunk driver’s case is in Helena Municipal Court. Do I have to wait for it to end? No. Your civil claim is separate and does not depend on a conviction. We often coordinate its timing with the criminal case.
Can I sue the Helena bar that served the driver? Only if the driver was visibly intoxicated when served, was underage and the server failed to check, or was forced or deceived into drinking. Notice must go by certified mail within 180 days of the service (§ 27-1-710, MCA).
Who can help me with restitution in the criminal case? The Lewis and Clark County Attorney’s victim/witness coordinators. Restitution covers out-of-pocket losses only; pain and suffering require a civil claim.
Can I get punitive damages against a drunk driver in Helena? Possibly, with clear and convincing proof of actual malice, and only with the court’s permission after discovery begins (§ 27-1-221, MCA).
How long do I have to file after a Helena DUI crash? Generally 3 years against the driver (§ 27-2-204, MCA), but a dram shop claim needs notice within 180 days and suit within 2 years.
Talk to a Helena Drunk Driver Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 27-1-710, MCA · § 27-1-221 · § 61-8-1002 · § 46-18-243 · § 61-6-103 · § 27-2-204 · § 3-5-101, MCA · Lewis and Clark County Justice Court · Lewis and Clark County Victim/Witness Coordinator · D. Mont. L.R. 1.2
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
