For most people I talk with after a DUI arrest, the first question is not about jail. It is about driving: getting to work, taking kids to school, getting to appointments. In Montana a DUI can affect your license in two separate ways, and they run on different clocks. I am certified in NHTSA Standardized Field Sobriety Testing, and I start every DUI case by mapping out both license tracks and every date that matters. This page covers how each track works and where the options are. For an overview of the criminal side, see our Missoula DUI defense page.
Two License Tracks: Refusal and Conviction
The first track is the implied consent track. If you refuse a breath, blood, or oral fluid test, the Motor Vehicle Division suspends your license because of the refusal itself, under MCA § 61-8-1032. That suspension does not wait for the criminal case. The second track is the conviction track. If you are convicted of DUI, the department suspends your license under MCA § 61-5-205(2)(a) for the period set in MCA § 61-5-208, starting on the date of conviction (MCA § 61-5-208(3)(a)).
The statutes on the seizure, the temporary permit, and the 30-day petition are written around a refusal. The conviction-based suspension is separate, and its paths back to driving are different.
License Seizure and the 5-Day Temporary Permit
When a driver refuses testing, the officer takes the license and forwards it to the department. The driver receives a temporary driving permit. Under MCA § 61-8-1016(4)(c), that permit becomes effective 12 hours after it is issued and is valid for 5 days following the date of issuance. After those 5 days, the suspension takes effect unless a court stays it.
The 30-Day Petition in District Court
Montana does not send implied consent challenges to the court hearing the DUI. Under MCA § 61-8-1017(1), you may file a petition within 30 days after the officer gives notice of the right to a hearing, in the district court in the county where the arrest was made. For a Missoula County arrest, that is the Fourth Judicial District Court, which serves Missoula and Mineral Counties (MCA § 3-5-101).
Two parts of the statute matter most in practice. First, the court may issue a stay of the suspension while the petition is pending (MCA § 61-8-1017(3)), which can keep you driving in the meantime. Second, the hearing is limited. It looks at whether the officer had a basis to request the test and whether you refused (MCA § 61-8-1017(4)). That makes the stop, the advisory, and the exact words exchanged at the scene important. Our test refusal page explains the refusal suspension lengths and fees.
Suspensions After a DUI Conviction
On conviction, the suspension length depends on how many DUI convictions count against you under the lookback rules. The table below summarizes MCA § 61-5-208.
| Conviction | Suspension | Probationary license |
|---|---|---|
| First DUI conviction | 6 months (MCA § 61-5-208(2)(b)(i)) | Possible on the court's recommendation; the statute sets no minimum waiting period |
| Second DUI conviction | 1 year, continuing until treatment is completed (MCA § 61-5-208(2)(b)(ii)) | Only after at least 45 days, and only with a court recommendation |
| Third or later DUI conviction | 1 year, continuing until treatment is completed (MCA § 61-5-208(2)(b)(iii)) | Only after at least 90 days, and only with a court recommendation |
One detail people miss: on a second or later conviction, if the court-ordered chemical dependency treatment is not finished when the year ends, the license suspension remains in effect until treatment is completed (MCA § 61-5-208(2)(b)(ii)-(iii)). Finishing treatment on time can matter as much as anything else for getting back on the road. Our second and third DUI page covers how prior convictions are counted.
Routes to a Probationary License
A restricted probationary license lets you drive for limited purposes during a conviction suspension. The routes include:
- Court recommendation. After a second conviction, at least 45 days of the suspension must be served, and the conviction report must include the court's recommendation. After a third or later, the minimum is 90 days (MCA § 61-5-208(2)(b)(ii)-(iii)). On a first offense the statute sets no minimum waiting period.
- The 24/7 program. Participation allows a probationary license notwithstanding the waiting periods in § 61-5-208 (MCA § 44-4-1205(1)(b)). See our 24/7 Sobriety Program page.
- DUI court. For a second or later offender, a DUI court may, in its discretion, authorize a probationary license (MCA § 61-5-231).
None of these routes applies to a refusal suspension. The department may not issue a probationary license during a suspension for refusal (MCA § 61-8-1032(2)(f)). Commercial drivers face another limit: no probationary license allows driving a commercial motor vehicle during a disqualification (MCA § 61-2-302(9)(b)).
Ignition Interlock Requirements
Interlock rules come from MCA § 61-8-1010. On a first offense, if the court recommends a probationary license, it may require an interlock or 24/7 participation (MCA § 61-8-1010(1)). On a second or later conviction, the court must choose one of three sanctions: the 24/7 program or a court-approved testing program, an interlock during the probationary period, or forfeiture of vehicles owned at the time of the offense (MCA § 61-8-1010(2)).
You may see websites quote a fixed interlock term such as 6 or 12 months. Montana's statute does not set one; the interlock runs during the probationary period. Driving a vehicle without the required device, or helping someone get around it, can bring a fine of up to $500, up to 6 months in jail, or both (MCA § 61-8-1024(4)).
Driving While Suspended After a DUI
Driving while your license is suspended or revoked for a DUI or a refusal is its own offense. Under MCA § 61-5-212, it carries imprisonment of not less than 2 days or more than 6 months, a fine up to $2,000, or both, plus up to 40 hours of community service. The department also adds 1 year to the suspension. And if the suspension was for a prior DUI, a new DUI arrest while driving on it can be charged as aggravated DUI (MCA § 61-8-1001(1)(c)). See our aggravated DUI page.
Reinstatement: Getting Your License Back
A license suspended or revoked under MCA § 61-5-205 or § 61-8-1016 stays suspended until you pay the department a $200 reinstatement fee (MCA § 61-2-107(1)). A refusal adds a separate $300 administrative fee (MCA § 61-8-1032(3)(a)). On a second or later conviction, completing the ordered treatment is also part of the path back, as described above.
The deadlines here are short, and the choices made in the first few weeks can shape how long you are off the road. Depending on the facts, a timely petition and stay request, a plan for treatment, and an early look at probationary license options can each make a difference.
This page explains Montana law in general under the 2025 Montana Code and is not advice on a specific case.