Montana Sen. Shannon Augare (D). Photo Montana Legislature

Montana Sen. Shannon Augare (D), a member of the Blackfeet Nation, is seeking the dismissal of his drunken driving case.

Augare claims the federal government lacks jurisdiction to prosecute him for an incident that occurred on the reservation. The tribe is the only authority, a motion filed in court states.

"Indian tribes have long been recognized as having inherent authority to exercise criminal jurisdiction over all Indians," Augare's attorney wrote, the Associated Press reported. "The exercise of federal jurisdiction in this case is an unnecessary invasion of tribal sovereignty and may potentially result in the complete evisceration of tribal criminal jurisdictional authority."

Augare was charged with drunken driving, obstructing a peace officer and reckless driving after he was stopped by a county sheriff for erratic driving. He disputed the sheriff's jurisdiction and reportedly drove away from the scene.

A tribal police officer later found Augare on the reservation. But no charges were filed in tribal court and the case was referred to the U.S. Attorney in Montana.

The charges are based on the federal Assimilated Crimes Act, which allows federal prosecutors to charge people for violating crimes under state law.

In addition to serving as a state lawmaker, Augare is a member of the Blackfeet tribal council.

Get the Story:
Sen. Augare wants charges dropped (The Great Falls Tribune 8/20)
Augare attorney asks judge to dismiss DUI charges (AP 8/20)

Related Stories:
Shannon Augare pleads not guilty to drunken driving charges (8/17)
Indian lawmaker excused from committee work amid DUI case (7/11)
Shannon Augare told to appear in federal court on DUI charge (06/25)
Blackfeet Nation council member charged with drunk driving (06/24)