Montana DUI Guide

The Montana DUI Court Process, Step by Step

Most people charged with a DUI have never been inside a courtroom. This is the sequence, what each stage is for, and where the decisions are.

Written by

Misty Gaubatz, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawReviewed by Ashley HurlbertLast reviewed: October 1, 2026

The court process is less mysterious than it feels the night of an arrest. A misdemeanor DUI in Missoula moves through a small number of stages in a predictable order, and at each one there is a decision to make. This page walks through them. It is part of our Montana DUI Guide, and it expands on our post about what happens after a DUI arrest.

Two Tracks, Starting the Same Night

The criminal case decides whether you are convicted and what the sentence is. The license matter is separate. If you refused a breath, blood, or oral fluid test, your license is seized and a suspension follows unless you petition the district court within 30 days (MCA § 61-8-1017). That petition is a civil case in a different court from the one hearing the DUI, and its deadline does not wait for the criminal case. See test refusal and implied consent.

Which Court

Missoula Municipal Court hears citations from Missoula city police.
Missoula County Justice Court generally hears citations from the Sheriff's Office and the Montana Highway Patrol, and conducts initial appearances on felony charges.
The Fourth Judicial District Court hears felony DUI, license petitions, and appeals.

Step 1: Arrest and Release

After booking, most people charged with a misdemeanor DUI are released. Montana law makes every person bailable before conviction except in capital cases (MCA § 46-9-102), and a court may release a person on their own recognizance with conditions (MCA § 46-9-111). In a repeat or aggravated case, conditions can include the 24/7 sobriety program. Keep every piece of paper you are given, and follow the conditions exactly. A violation is the fastest way to make a case worse.

Step 2: Initial Appearance and Arraignment

A person who is arrested must be taken before a judge without unnecessary delay (MCA § 46-7-101). At that appearance the judge must inform you of the charge, your right to counsel, your right to have counsel assigned if you qualify, the general circumstances for pretrial release, and your right to refuse to make a statement (MCA § 46-7-102). If you want a public defender, this is when you ask.

At arraignment the charge is read or summarized and you are asked to plead (MCA § 46-12-201). The available pleas are guilty, not guilty, and, with the consent of the court and the prosecutor, no contest (MCA § 46-12-204). You may ask for time before pleading. Before accepting a guilty plea, the court must confirm that you understand the charge, the mandatory minimum and maximum penalties, and the rights you are giving up (MCA § 46-12-210).

Step 3: Pretrial

This is where most of the work happens, and most of it happens outside the courtroom.

Discovery. Your attorney obtains the police reports, body and dash camera video, and the breath or blood testing records. On request, full information about any test given at an officer's direction must be made available to you or your attorney (MCA § 61-8-1019(3)).
Motions. A defendant may move to suppress evidence obtained by an unlawful search or seizure, and if the motion is granted the evidence is not admissible at trial (MCA § 46-13-302). In a DUI case that usually means challenging the stop or the arrest.
Pretrial or omnibus hearing. The court typically sets a hearing to sort out discovery, motions, and scheduling before trial (MCA § 46-13-110).
Negotiation. The prosecutor and the defense may discuss an agreement for a plea to the charged offense or to a lesser or related offense (MCA § 46-12-211).

Our page on DUI defenses explains what these motions look for.

Step 4: Resolution or Trial

A case ends in one of three ways: the charge is dismissed, you enter a plea under an agreement, or the case is tried. Two limits shape every negotiation. A DUI prosecution may not be deferred (MCA § 46-16-130(4)), and a court may not defer imposition of sentence for a DUI (MCA § 61-8-1011(4)). The outcomes that avoid a DUI conviction are therefore a dismissal, an acquittal, or an amendment to a different charge.

At trial, the State must prove each element beyond a reasonable doubt to a jury of six. A jury can be waived only with the consent of the parties (MCA § 46-17-201).

Step 5: Sentencing

On a conviction, the court imposes a sentence within the range for the offense. That includes any mandatory minimum jail time, the fine, and the chemical dependency assessment with an education course or treatment. The court also reports the conviction to the Motor Vehicle Division, which suspends the license. The court can recommend a probationary license. Each of these has its own page: first-offense penalties, classes and treatment, probationary licenses, and what it costs.

Step 6: Appeal

A conviction after trial can be appealed to the district court. What that appeal looks like depends on whether the trial court is a court of record. A municipal court is one by statute, so the district court reviews the record and questions of law rather than holding a second trial (MCA § 3-6-110). The time to file is short and the rules are technical. Decide about an appeal with your attorney right after judgment, not weeks later.

If the Charge Is a Felony

A fourth or later DUI, and the crash offenses described on our crash and child passenger page, are prosecuted in district court. The stages are similar, but the stakes, the timelines, and the jury are different.

DUI Court

Montana law recognizes DUI courts: dockets that combine supervision, treatment, and a program of incentives and sanctions (MCA § 61-8-1001(8)). For a person who participates, the court may suspend part of a jail sentence other than the mandatory minimum (MCA § 61-8-1031). Missoula County Justice Court's program is called ROAD Court.

This page explains Montana procedure in general as of the 2025 Montana Code Annotated. Local practice varies by court. It is not legal advice about your specific case.

Montana DUI Guide DUI Defense How Long a DUI Stays on Your Record What a DUI Costs Ignition Interlock & Probationary Licenses DUI Classes, Assessment & Treatment

FAQ

The Montana DUI Court Process, Step by Step FAQ

Do I have to plead guilty or not guilty at my first court date?

You will be asked for a plea at arraignment, but you are entitled to a reasonable time, not less than 1 day, before answering (MCA § 46-12-203). A not guilty plea does not commit you to a trial. It keeps your options open while your attorney reviews the evidence. If you refuse to plead, the court enters a not guilty plea for you (MCA § 46-12-204).

How long does a DUI case take in Montana?

It varies with the court's calendar and with what is contested. A case resolved by an early plea can end in weeks. A case with a suppression motion or a jury trial takes months. By statute, after a plea on a misdemeanor charge, the case must be dismissed if it is not brought to trial within 6 months, unless the defendant asked for a postponement or the State shows good cause (MCA § 46-13-401(2)).

Will I have a jury trial?

You have the right to one. The parties in a misdemeanor case are entitled to a jury of six (MCA § 46-17-201). Most DUI cases are resolved before trial, but the decision to go to trial or accept an agreement is yours, made after your attorney has seen the evidence.

What is an omnibus hearing?

A pretrial hearing meant to organize the case before trial. Under MCA § 46-13-110 it covers matters such as discovery, motions to suppress evidence, motions to dismiss, notice of a plea agreement, and bail. How a particular court schedules its pretrial hearings is a matter of local practice.

Can I appeal a DUI conviction from Municipal or Justice Court?

Yes, to the district court, but the kind of appeal depends on the court. Municipal courts are courts of record by statute, so an appeal is a review of the record and questions of law rather than a new trial (MCA §§ 3-6-101, 3-6-110). A justice court that a county has made a court of record works the same way (MCA § 3-10-115). Only a justice or city court that is not a court of record gives a new trial on appeal. Deadlines are short, so talk to your attorney immediately after judgment.

Does pleading guilty affect my right to appeal?

Yes. A guilty or no-contest plea in a court of limited jurisdiction waives the right to a new trial in district court, and you must be told that before the plea is accepted (MCA § 46-17-203(2)). With the court's approval and the prosecutor's consent, a defendant can enter a plea while reserving the right to appeal a specific pretrial ruling (MCA § 46-12-204(3)).

Have a Court Date Coming Up?

Bring your citation and release paperwork. Call 406-830-3060 for a confidential consultation before you appear.

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