A DUI conviction in a Montana justice, city, or municipal court can be appealed to the district court, and the notice is due within 10 days after judgment. What the appeal consists of depends on whether the trial court is a court of record. If it is, the district court reviews the recording and decides questions of law. If it is not, the case is tried again from the beginning. This page is part of our Montana DUI Guide and expands the last step of the DUI court process.
The Two Kinds of Appeal
The general rule for lower-court criminal appeals is in MCA § 46-17-311(1): cases on appeal from a justice or city court "must be tried anew in the district court and may be tried before a jury of six." The same sentence then carves out the courts of record. An appeal from a municipal court is governed by MCA § 3-6-110, from a justice court of record by MCA § 3-10-115, and from a city court of record by MCA § 3-11-110. Each of those says the appeal "is confined to review of the record and questions of law."
| Trial court | Court of record? | What the appeal is | Governing law |
|---|---|---|---|
| Municipal court | Always | Review of the record and questions of law | § 3-6-110; Municipal Court Rules of Appeal |
| Justice court of record | Yes, by county action | Review of the record and questions of law | § 3-10-115 |
| City court of record | Yes, by city action | Review of the record and questions of law | § 3-11-110 |
| Justice or city court, not of record | No | The case is tried anew in district court | § 46-17-311(1) |
Is Your Court a Court of Record?
Every municipal court is a court of record by statute (MCA § 3-6-101(1)). A justice court is one only if the county has established it as a "justice's court of record," by a resolution of the county commissioners or by a vote (MCA § 3-10-101(5)). A city court follows the same rule at the city level (MCA § 3-11-101(2)).
Missoula Municipal Court is a municipal court. Missoula County Justice Court's published local rules, effective April 5, 2024, carry the heading "Missoula County Justice Court of Record." You should still confirm the status that applies to your case, because the whole shape of an appeal follows from it. For other counties, ask the clerk or your attorney. Our page on which court hears a DUI explains how the courts differ.
The 10-Day Deadline
From a justice or city court, "the defendant may appeal to the district court by filing written notice of intention to appeal within 10 days after a judgment is rendered following trial" (MCA § 46-17-311(2)). From a municipal court, the Montana Uniform Municipal Court Rules of Appeal to District Court say that in criminal cases "an appeal from a judgment must be taken within 10 days," by filing a notice of appeal in the municipal court (Rules 4(a), 5(b)(3)). Unless the Supreme Court adopts separate rules, those same rules apply to appeals from a justice or city court of record (MCA §§ 3-10-115(4), 3-11-110(4)).
Ten days is short, and the statute is strict about it: the lower court "has no duty to transmit the record if the notice of appeal is not timely filed," though a defendant may petition the district court on a showing of good cause (MCA § 46-17-311(3)). Do not plan on that exception.
An Appeal on the Record
In a record appeal, the district court does not hear witnesses. The record consists of the electronic recording or stenographic transcription of the case, together with all papers filed (MCA §§ 3-6-110(2), 3-10-115(2)). Under the municipal appeal rules:
- The record is transmitted to the district court within 30 days after the notice of appeal in a criminal case (Rule 10(b)).
- The appellant's brief is due within 15 days after the record is filed, the answer brief 15 days after that, and an optional reply 10 days later. The district court may extend these times (Rule 14(a)).
- If the appellant files no brief on time, the appeal is deemed without merit and is subject to summary dismissal (Rule 14(c)).
- It is the appellant's duty to present a record sufficient for the court to rule on the issues raised (Rule 10(f)).
The district court may affirm, reverse, or amend the judgment, and may direct that a new trial or further proceedings be held in the lower court (MCA § 3-6-110(3)). The arguments are legal ones: that a motion to suppress was wrongly denied, that evidence was wrongly admitted, that the jury was wrongly instructed, or that the evidence was insufficient. Objections generally have to have been made at trial to be reviewed (MCA § 46-20-104(2)).
A Trial De Novo
From a justice or city court that is not a court of record, the appeal starts the case over. It is "tried anew in the district court" and may be tried to a jury of six (MCA § 46-17-311(1)). The lower court transfers its entire record to the district court within 30 days of a timely notice (MCA § 46-17-311(3)). The State must prove the charge again, and the district court imposes its own sentence if there is a conviction.
If the defendant fails to appear for a scheduled court date or to meet a court deadline, the district court may dismiss the appeal, the jury right is considered waived, and "the appealed judgment is reinstated and becomes the operative judgment" (MCA § 46-17-311(5)).
If You Pleaded Guilty
A guilty or no contest plea in a court of limited jurisdiction "waives the right of trial de novo in district court," and you must be told that before the plea is accepted (MCA § 46-17-203(2)(a)). Two exceptions exist:
- A reserved issue. With the court's approval and the prosecutor's consent, a plea can reserve the right to appeal a specified pretrial ruling (MCA § 46-12-204(3)). See plea agreements.
- An involuntary plea. A defendant may move to withdraw the plea, and if that is denied, appeal the denial to district court within 90 days. The district court's decision on that question cannot be appealed further (MCA § 46-17-203(2)(b)).
Your Sentence While the Appeal Is Pending
A person intending to appeal from any judgment rendered by a justice or city court "must be admitted to bail" (MCA § 46-9-107). If an appeal is taken and the defendant is admitted to bail, a sentence of imprisonment must be stayed, and a sentence to pay a fine must be stayed as well (MCA § 46-20-204(2), (3)). The municipal appeal rules say the same for municipal court (Rule 7(b)). Conditions of release usually continue, so expect any monitoring to stay in place.
An appeal does not make the case free of risk. An appeal takes time during which the case remains open, and after a new trial the sentence is decided again by the district court. Weigh that with your attorney against the strength of the issue.
Do not confuse this appeal with the petition that challenges a test refusal suspension. That is a separate civil case in district court with its own 30-day deadline (MCA § 61-8-1017(1)). See challenging a refusal suspension.
This page explains Montana appellate procedure in general as of the 2025 Montana Code Annotated and the court rules cited. Deadlines are strict and depend on the date of your judgment. It is not legal advice about your specific case.