A Canadian driver arrested for DUI in Montana is prosecuted here under Montana law, the same as anyone else, and the case stays in the Montana court after you go home. Two other questions then open up that Montana law does not decide: what happens to your license in your province, and whether you will be admitted to the United States the next time you come south. This page covers the Montana side in detail and tells you who decides the rest. It is part of our Montana DUI Guide.
A&M Law defends DUI charges in Western Montana. We do not practice U.S. immigration law or Canadian law. Where this page touches those subjects it quotes published sources and stops there.
Who Decides What
| Question | Who decides | Who can advise you |
|---|---|---|
| The DUI charge and sentence | The Montana court where you were arrested | A Montana criminal defense lawyer |
| Your privilege to drive in Montana | Montana's Motor Vehicle Division | A Montana criminal defense lawyer |
| Your provincial driver's license | Your province's licensing authority | A lawyer in your province |
| Being admitted to the United States again | U.S. Customs and Border Protection, under federal law | A U.S. immigration lawyer |
| Status in Canada, if you are a permanent resident and not a citizen | Canadian immigration authorities | A Canadian immigration lawyer |
The Montana Case
Montana's DUI statute applies to a person who drives here, wherever the license was issued. The limits are the same: impairment at any alcohol level, 0.08 per se, 5 ng/mL of THC, the listed drug levels, and 0.02 or any active THC for a driver under 21 (MCA § 61-8-1002). Our page on Montana's terms and legal limits sets them out.
A first DUI is generally a misdemeanor, and that brings some flexibility. The defendant may appear by counsel only, although the court may require personal attendance at any time (MCA § 46-16-120). A sentence in a misdemeanor case may be imposed without the defendant present (MCA § 46-16-123(1)). Whether a particular judge will proceed that way is the judge's decision. Our general page for out-of-state drivers covers the same ground for visitors from other U.S. states.
Do not let distance turn into a missed date. If a defendant fails to appear, the court may forfeit bail and issue an arrest warrant (MCA §§ 46-9-503 and 46-16-122(2)). A warrant stays open while you are away, and an open warrant is something to resolve before you try to enter the United States again. Our page on missed court dates and warrants explains how to fix one.
Your License: Montana's Part and Your Province's Part
Montana cannot suspend a license issued by a province. What it can do is suspend or revoke your privilege to drive in Montana, on the same grounds as a Montana license (MCA § 61-5-203(1)). While that privilege is suspended, you may not drive in Montana on a license from any other jurisdiction (MCA § 61-5-210). A first DUI conviction means a 6-month suspension, and a refusal to take a breath or blood test means 6 months with no probationary license (MCA §§ 61-5-208(2)(b)(i) and 61-8-1032(4)(a)).
What happens at home is a different matter. Montana reports convictions to other U.S. states under the Driver License Compact, which defines "state" as a state, territory, or possession of the United States, the District of Columbia, or Puerto Rico (MCA § 61-5-401, Art. II). The Compact also says it does not prevent other cooperative arrangements with jurisdictions outside it (Art. VI). We do not advise on whether your province receives or acts on a Montana conviction. Ask your provincial licensing authority or a lawyer there, and ask your insurer what your policy requires you to report.
Going Home to Canada
A Canadian citizen has a constitutional right to enter Canada (Canadian Charter of Rights and Freedoms, s. 6(1)). A Montana charge does not change that.
A permanent resident of Canada who is not a citizen is in a different position. Canada's immigration statute applies its serious criminality rules to "a permanent resident or a foreign national" convicted outside Canada of an offense that would carry a maximum of at least 10 years if committed in Canada (Immigration and Refugee Protection Act, s. 36(1)(b)), and impaired driving has carried that maximum in Canada since December 18, 2018. Our page on traveling to Canada after a DUI explains those rules for American visitors. If you are a permanent resident, speak with a Canadian immigration lawyer before you resolve the Montana case.
Coming Back to the United States
This is the question we hear most, and it is one we cannot answer for you. Here is what published U.S. sources say.
- A visa is generally not required for Canadian citizens visiting the United States (8 CFR 212.1(a)(1)). Not needing a visa is different from being admissible. A border officer still decides admission each time.
- The criminal grounds of inadmissibility include a crime involving moral turpitude and an offense relating to a controlled substance (8 U.S.C. 1182(a)(2)(A)(i)). The Board of Immigration Appeals has said a simple DUI ordinarily is not a crime involving moral turpitude, while holding that an Arizona aggravated DUI, which required knowing that one was prohibited from driving, was (Matter of Lopez-Meza, 22 I&N Dec. 1188 (BIA 1999)).
- A separate health-related ground covers a physical or mental disorder with associated behavior that may pose a threat to safety (8 U.S.C. 1182(a)(1)(A)(iii)). State Department guidance ties DUI arrests to that ground when it reviews visas.
- U.S. Customs and Border Protection lists convictions and pending criminal charges, expressly including DUI, among the reasons a person may not be eligible for Global Entry. If you hold a NEXUS card or another trusted traveler membership, ask how a charge affects it.
Those points show why the exact charge matters, and why an aggravated or drug-based DUI is not the same as a simple one. They are not a prediction about your next crossing. A U.S. immigration lawyer can review the specific Montana subsection before you plead. If you work in the United States on a visa or other status, read our page on DUI and immigration status as well.
Finishing a Sentence From Canada
A conviction brings requirements that have to be completed wherever you live. Every DUI conviction requires a chemical dependency assessment, and a first conviction generally requires an education course, through a program approved by Montana's Department of Public Health and Human Services (MCA § 61-8-1009(1) and (3)). If you hope to complete it in Canada, your lawyer should ask the court in advance whether a program there will be accepted. Fines, and any jail time the court imposes, also have to be scheduled around travel.
First Steps
- Find the court name and date on the citation, and do not leave Montana without a copy of every document you were given.
- If you refused a test, count 30 days from the notice for the license petition.
- Hire Montana counsel before the first court date so an appearance can be made for you if the court allows.
- Carry your court paperwork when you next cross, and get immigration advice before you do.
This page explains Montana law in general as of the 2025 Montana Code Annotated and quotes published U.S. and Canadian sources as of October 2026. It is not advice on U.S. immigration law or Canadian law, and it is not legal advice about your specific case.