Driving in Montana while your license is suspended or revoked because of a DUI conviction or a test refusal is a separate offense punishable by 2 days to 6 months in jail, a fine of up to $2,000, or both, and a conviction adds another year to the suspension (MCA § 61-5-212). It can also turn a later DUI into an aggravated one. This page explains the charge and everything that follows from it. It is part of our Montana DUI Guide.
What the Charge Is
A person commits the offense by driving a motor vehicle on any public highway of this state at a time when the person's privilege to drive, or to apply for and be issued a license, is suspended or revoked in Montana or in any other state (MCA § 61-5-212(1)(a)(i)). A separate clause covers driving a commercial motor vehicle while a commercial license is suspended, revoked, or canceled, or while the person is disqualified.
Three points about that definition come up often:
- It covers suspensions from other states. A suspension elsewhere counts when you drive here.
- It covers people who never had a license. The department can suspend an unlicensed person's privilege to apply for a license in the same way as a license (MCA § 61-5-203(2)).
- It lasts until reinstatement. A DUI or refusal suspension does not end by the calendar alone. It continues until the reinstatement fee is paid.
The Penalties
| Situation | Penalty | MCA |
|---|---|---|
| Suspended or revoked for a DUI conviction or a test refusal | 2 days to 6 months in jail, or a fine of up to $2,000, or both. The court may add up to 40 hours of community service. | § 61-5-212(1)(b)(iii) |
| Suspended or revoked for any other reason | A fine of up to $500, or up to 6 months in jail, or both. | § 61-5-212(1)(b)(ii) |
| Driving outside the restrictions on a probationary license | A misdemeanor. | § 61-2-302(10) |
| Driving after being declared a habitual traffic offender | 14 days to 1 year in jail, or a fine of up to $1,000, or both. | § 61-11-213 |
The higher range in the first row applies when the reason for the suspension was a conviction under any of the DUI subsections, a similar offense in another state, or a refusal under Montana's implied consent law or a similar law elsewhere. So the first question in any of these cases is why the license was suspended. A suspension for unpaid fines or a missed court date falls in the lower range.
The Added Year and the Points
When the department receives the record of a conviction for driving a noncommercial vehicle while suspended or revoked, it must extend the suspension or revocation for an additional 1-year period (MCA § 61-5-212(2)(a)). That period begins on the last day of the earlier suspension or revocation, not on the date of the new conviction (MCA § 61-5-208(3)(b)). A person with two months left who is convicted of driving while suspended now has fourteen.
The conviction also carries 6 conviction points. A DUI carries 10, and 30 points within 3 years makes a person a habitual traffic offender with a 3-year revocation (MCA §§ 61-11-203, 61-11-211). Our guide to habitual traffic offender points shows how quickly those add up.
What Can Happen to Your Vehicle
The driving while suspended statute does not contain a vehicle seizure provision of its own. The vehicle consequence comes from the DUI sentencing statute. On a second or later conviction under § 61-5-212, where the reason for the suspension was a DUI conviction or a refusal, the court must do one of three things (MCA § 61-8-1010(2)):
- require participation in the 24/7 sobriety and drug monitoring program or another court-approved testing program;
- if it recommends a probationary license, restrict the person to driving only a vehicle with a functioning ignition interlock; or
- order each motor vehicle the person owned at the time of the offense seized and put through the forfeiture procedure.
Whether the vehicle was towed or held on the night of the stop is a different matter, governed by local practice. Our guide to vehicle seizure and forfeiture covers the forfeiture process.
How It Changes a Later DUI
If you are arrested for a new DUI while your license is suspended, canceled, or revoked because of a prior DUI, the new charge meets the definition of aggravated DUI (MCA § 61-8-1001(1)(c)). Refusing a breath sample while suspended under an implied consent statute has the same effect (MCA § 61-8-1001(1)(d)). Aggravated DUI has higher mandatory penalties, explained on our aggravated DUI page.
Probationary Licenses and Out-of-State Licenses
A probationary license protects you only within its limits. Driving outside the restrictions is a misdemeanor (MCA § 61-2-302(10)), and the Motor Vehicle Division takes the license back and reinstates the full original term. If the restriction is an ignition interlock, driving a vehicle without one is a separate offense. See interlock violations.
A license from another state does not help either. A person suspended in Montana may not operate a motor vehicle here under a license, permit, or registration certificate issued by any other jurisdiction (MCA § 61-5-210).
What Gets Looked At in a Defense
These cases turn on records and on the stop. Depending on the facts, the questions include whether the license was in fact suspended on that date, whether the reason for the suspension puts the case in the higher range, whether a court stay or a valid permit was in effect, whether the driving was on a public highway, and whether the officer had a lawful basis for the stop. A certified driving record is usually the starting point. Our guide on how to get your driving record explains how to request one.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.