If you live outside Montana and are charged with a misdemeanor DUI here, a Montana lawyer can appear for you at many hearings, and some hearings can be held by video. The judge keeps the power to require you in person at any time, and a few things, such as a jail sentence, cannot be done from a distance. This page is part of our Montana DUI Guide. For what happens to your home-state license, see our out-of-state DUI page.
The General Rule for Misdemeanors
The controlling statute is one sentence long: in all cases in which the defendant is charged with a misdemeanor offense, the defendant may appear by counsel only, although the court may require the personal attendance of the defendant at any time (MCA § 46-16-120). A first, second, or third DUI is a misdemeanor, so the rule covers most DUI cases.
Two things follow. First, appearing through counsel requires counsel. An unrepresented defendant has no one to stand in. Second, the permission is conditional. A court that wants to see the defendant can say so, and some do for particular hearings. Your lawyer should check each court's expectations before every date.
Hearing by Hearing
| Hearing | What the statute says | MCA |
|---|---|---|
| Initial appearance | May be satisfied by physical appearance or two-way audio-video, in the court's discretion. | § 46-7-101(2) |
| Arraignment | May be by two-way audio-video if neither party objects and the court agrees. A judge may order physical appearance. | § 46-12-201(4), (5) |
| Omnibus hearing | The defendant's presence is not required unless ordered by the court. | § 46-13-110(3) |
| Guilty or no contest plea (misdemeanor, limited-jurisdiction court) | May be entered by two-way audio-video if neither party objects and the court agrees. | § 46-17-203(3) |
| Trial | If you are absent and your counsel is authorized to act for you, the court shall proceed unless there is good cause to continue. The court may order you present for identification. | § 46-16-122(1), (4) |
| Verdict and sentencing | In a misdemeanor case, the verdict may be returned and the sentence imposed without the defendant present. | § 46-16-123(1) |
These are permissions, not promises. Nearly every row depends on the court agreeing. Our page on the DUI court process explains what each hearing is for.
Video Appearances
Where the statutes allow video, they set conditions. The communication must be two-way, and the defendant and the judge must be able to see each other simultaneously and converse. The defendant and counsel must be able to communicate privately. For an arraignment the court must tell the defendant of the right to object to video, and the defendant and counsel are to be in the same place unless the defendant waives that (MCA § 46-12-201(4)).
Whether a court offers video to an out-of-custody defendant in another state, what technology it uses, and how far ahead it must be requested are all local practice. We do not list court-by-court rules here because they change. Ask early. A request made the week of the hearing is harder to grant than one made at the start of the case.
What Usually Still Needs You in Montana
- Any hearing the judge orders you to attend. The court may require personal attendance at any time (MCA § 46-16-120).
- A trial where identity matters. The court may order the defendant present for purposes of identification unless defense counsel stipulates to identity (MCA § 46-16-122(4)). As a practical matter, most people who take a case to trial want to be in the room.
- Jail time. A first impairment DUI conviction carries at least 24 consecutive hours, and the mandatory minimum may not be served under home arrest (MCA § 61-8-1007(1)(a)(i), (1)(d)). See mandatory jail time.
- In-person testing, if ordered. The 24/7 program's primary method is twice-a-day testing at a central location in the county (MCA § 44-4-1203(2)(b)).
Other requirements may be workable from home with the court's approval. Whether a chemical dependency assessment or course can be completed with a provider where you live is a question to raise with the court before sentencing, not after.
Release Conditions When You Live Elsewhere
Release conditions can restrict travel and place of abode (MCA § 46-9-108(1)(d)). If your release order says not to leave the county or the state, you need the court's permission before going home, and it should be in writing. The court may amend conditions on a reasonable basis (MCA § 46-9-108(3)).
Monitoring raises the same issue. Distance from a testing site is the example the 24/7 statute itself gives of a hardship that can justify a transdermal or remote breath device in place of in-person testing (MCA § 44-4-1203(2)(c)). See pretrial alcohol monitoring and bail and release conditions.
The License Deadline Does Not Wait for You
If you refused a test, the petition to challenge the suspension must be filed within 30 days after the officer's notice, in the district court of the county where the arrest was made (MCA § 61-8-1017(1)). That is true whether you hold a Montana license or another state's. It is a separate case from the DUI, in a different court, and it is usually the first deadline an out-of-state driver faces. Our page on out-of-state licenses and the Compact covers how the suspension reaches your home state.
If the Charge Is a Felony
The rule reverses for a felony, such as a fourth or later DUI. The defendant must be present at the initial appearance, arraignment, entry of plea, preliminary examination, trial, and sentencing, or when otherwise required by the court (MCA § 46-16-121(1)). A court may not accept a guilty or no contest plea in a felony case unless the defendant is physically present or appearing by two-way audio-video (MCA § 46-12-201(5)). Expect to travel.
This page explains Montana procedure in general as of the 2025 Montana Code Annotated. Each court decides when it will accept an appearance by counsel or by video. It is not legal advice about your specific case.