A college student arrested for DUI in Montana faces the same court case as anyone else, and often a second process as well: a conduct review by the university. The court decides guilt and the sentence. The school decides whether its own rules were broken and what that means for enrollment and housing. This page explains how the two fit together. It is part of our Montana DUI Guide.
One note on scope. A&M Law is a Missoula firm that defends DUI cases in Western Montana. We do not represent students in university discipline matters as a separate practice. What follows on that side comes from published university and federal sources, and your school's own office is the place to confirm how its process works.
The Court Case Comes First
The criminal case has fixed dates and real penalties, so it sets the pace. Two questions matter right away.
- Which charge is it? A driver under 21 can be charged under the under-21 section, which uses a 0.02 alcohol limit and, since October 1, 2025, any active THC (MCA § 61-8-1002(1)(e)). A student of any age at 0.08 or more, or one the State says was impaired, can face the adult charge. Our under-21 DUI page and our comparison of MIP and under-21 DUI explain the difference.
- Which court? In Missoula, a city police citation generally goes to Municipal Court and a sheriff or Highway Patrol citation to Justice Court. Our Montana DUI Guide walks through the court process step by step.
If you refused a breath or blood test, a separate license deadline may be running. See our test refusal page.
Two Processes, Two Sets of Rules
| Question | Court case | University conduct process |
|---|---|---|
| Who decides | A judge or jury in municipal, justice, or district court | The university's conduct office or a conduct board |
| What is decided | Whether the State proved a crime | Whether the student violated the school's code of conduct |
| Standard of proof | Beyond a reasonable doubt | At the University of Montana, a preponderance of the evidence |
| Possible results | Fines, jail, license suspension, classes, a criminal record | At UM: warning, probation, suspension, expulsion, housing sanctions, required programs |
| Who can speak for you | Your lawyer | At UM you may bring an advisor or attorney, but only you may speak at the hearing |
The university column describes the University of Montana's Student Code of Conduct as revised in August 2026. Montana State University and other colleges publish their own codes.
What the University of Montana's Code Says
UM's code is not limited to campus. It applies to conduct on university premises, at university-sponsored activities, and to off-campus conduct that adversely affects the university community or the pursuit of its objectives. The Office of Community Standards decides case by case whether off-campus conduct is covered. The code lists violation of federal, state, or local law as prohibited conduct.
The code also says the university may take notice of alleged violations of law, and that when a student is arrested or otherwise subject to criminal charges the university may start proceedings to decide whether the code was violated. It reserves the right to take interim action, which can include restrictions, when a student is facing criminal charges. All of those are stated as things the university may do. None of them is automatic.
If a conduct case goes forward, the university carries the burden of proving a violation by a preponderance of the evidence, which is a lower standard than a criminal court uses. A student may be accompanied by one advisor or an attorney, but under the code only the student may speak at the hearing. Because what happens in one process can affect the other, talk with your defense lawyer before you give the university a written or recorded account of the night.
Financial Aid and Scholarships
Federal student aid is not lost because of a DUI conviction. The U.S. Department of Education's Federal Student Aid office says that incarceration can affect eligibility and that drug convictions no longer do. It also says a student on probation or parole may be eligible.
Institutional money is different. A scholarship, an athletic grant, or funding tied to a professional program may carry its own conduct terms. Those are set by the school or the donor, not by Montana's DUI statutes, so read the award letter or ask the financial aid office in general terms. Our page on college admissions and financial aid goes further.
Housing
Students in university housing are also subject to the housing handbook, and UM's code lists eviction from university housing among the sanctions it may impose. An off-campus lease is a private contract with a landlord, and what it says about criminal charges or convictions depends on the lease. Read the lease before assuming either way.
Parents and Privacy
Court records of an adult's DUI case are generally public, so the case itself is not confidential. On the school side, federal privacy rules include an exception for students under 21. A college may tell a parent about a student's violation of a law or school rule governing alcohol or a controlled substance if the school has determined that the student committed a disciplinary violation (34 CFR 99.31(a)(15)). Whether a particular school uses that option is its own policy.
Students From Out of State and Career Programs
If your driver's license is from another state, a Montana conviction can be reported there. Our out-of-state driver page covers how that works. Students headed toward licensed professions should also read our pages on nursing and healthcare licenses and teachers and school employees, because program placements and license applications ask their own questions.
One point in a young driver's favor: a conviction under the under-21 section may not be counted as a prior offense for adult DUI sentencing later (MCA § 61-8-1007(3)(b)). An adult DUI conviction does count.
This page explains Montana law in general as of the 2025 Montana Code Annotated, and describes published university and federal policies as of October 2026. Policies change. It is not legal advice about your specific case.