Montana DUI Guide

Montana DUI Classes, Assessment, and Treatment

The jail range and the fine get the attention. The assessment, the course, and any treatment are the part of a DUI sentence most people actually spend time on.

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

A Montana DUI sentence has a treatment side that runs alongside the jail range and the fine. It applies to every conviction, regardless of how the case is resolved, and it is governed by one statute: MCA § 61-8-1009. This page walks through what that statute requires. It is part of our Montana DUI Guide.

What Every Conviction Requires

A person convicted of DUI "shall complete a chemical dependency assessment," and then, depending on the offense number:

First conviction: a chemical dependency education course.
Second or later conviction: chemical dependency treatment.

This is in addition to the penalties in MCA § 61-8-1007 or § 61-8-1008. It applies to an aggravated DUI and to a similar offense from another state. The reduced penalties for an under-21 DUI carry the same requirement.

The Assessment

The assessment is an evaluation by a licensed addiction counselor. By statute it must describe your level of addiction, if any, and contain a recommendation as to education, treatment, or both (MCA § 61-8-1009(4)).

The judge may require it before sentencing. If it is not done by then, the judge must order it as part of the sentence (§ 61-8-1009(2)).
It must be completed at a program approved by the Department of Public Health and Human Services (§ 61-8-1009(3)).
If you disagree with the result, you may obtain a second assessment at your own cost (§ 61-8-1009(4)).

Because the assessment shapes what the court orders, the timing matters. Completing it early is sometimes useful and sometimes not, and it is worth talking through with your attorney before you schedule it.

The Education Course

For a first conviction, the default requirement is a chemical dependency education course at an approved program, conducted by a licensed addiction counselor. Approved programs must be evidence-based. You may hear it called by a program name such as ACT. The statute does not use that name, and it does not set a number of hours or a price. Those come from the program.

When Treatment Is Ordered

Treatment is required in two situations:

A second or later conviction (§ 61-8-1009(1)(b)).
A first or second conviction where the counselor finds a moderate or severe alcohol or drug use disorder. Treatment "must be ordered" on that finding (§ 61-8-1009(8)(a)). For a first-time offender, the education course is then not also required.

The level of treatment must be appropriate to the problem, as determined by a licensed addiction counselor under state placement rules, and the court orders that level (§ 61-8-1009(5)). On a second or later conviction, treatment must be followed by monthly monitoring for at least 1 year from the date of admission (§ 61-8-1009(9)(a)).

How Treatment Affects Jail Time

After the mandatory minimum, the rest of a DUI jail term may be suspended for up to 1 year pending successful completion of a chemical dependency treatment program (MCA § 61-8-1007(1)(e)). A person in a DUI court can have a portion of the sentence suspended as well, other than the mandatory minimum (MCA § 61-8-1031). The other side of that is enforcement: on a second or later offense, if a person fails the monitoring that follows treatment, the court must revoke the suspended sentence and impose what remains (§ 61-8-1009(9)(b)).

How It Affects Your License

On a second or later conviction, the 1-year suspension does not simply expire. If the year passes and treatment is not complete, the suspension remains in effect until it is (MCA § 61-5-208(2)(b)). There is one exception: the department may restore the license if you completed the assessment and the counselor determined treatment was not necessary (§ 61-5-208(5)). Our interlock and probationary license page covers the rest of the license rules.

Who Pays

The defendant pays the cost of the assessment, the education course, and any treatment, and may use health insurance to cover the costs when possible (MCA § 61-8-1009(3)). These costs sit on top of the fine. Our page on what a DUI costs puts them in one place.

This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal or medical advice about your specific situation.

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FAQ

Montana DUI Classes, Assessment, and Treatment FAQ

What is the ACT program in Montana?

You may see the DUI course called ACT on court paperwork or a provider's website. The statute does not use that name. It requires a "chemical dependency assessment" and, for a first conviction, a "chemical dependency education course" (MCA § 61-8-1009). Whatever a program calls it, those are the requirements it has to satisfy.

Do I have to do treatment for a first DUI?

Only if the assessment calls for it. A first conviction normally requires the assessment and the education course. Treatment must be ordered for a first-time offender when a licensed addiction counselor finds a moderate or severe alcohol or drug use disorder, and in that case the education course is not also required (MCA § 61-8-1009(8)).

Can I pick where I do my DUI assessment?

Yes, within limits. The assessment and the education course must be completed at a treatment program approved by the Department of Public Health and Human Services and conducted by a licensed addiction counselor. For treatment, you may attend a program of your choice as long as a licensed addiction counselor provides the services (MCA § 61-8-1009(3)).

What if I think the assessment is wrong?

You can get a second one. A defendant who disagrees with the initial assessment may, at their own cost, obtain a second assessment from a licensed addiction counselor or an approved program. If two counselors reach different conclusions, the court orders a level of treatment based on the determination of one of them (MCA § 61-8-1009(4) and (5)).

Can the court make me go to AA?

A court or counselor may not require attendance at a self-help program other than at an open meeting, as the program defines that term. You may take part in self-help programs voluntarily (MCA § 61-8-1009(7)).

What happens if I do not finish the class or treatment?

The counselor must notify the court if you fail to attend. A judge who suspended part of a sentence on the condition of treatment keeps the power to impose it for up to 1 year (MCA § 61-8-1009(10)). On a second or later offense, your license also stays suspended past the 1-year mark until treatment is completed (MCA § 61-5-208(2)(b)).

Questions About a DUI Sentence?

What the court orders, and when you start it, can affect both jail time and your license. Call 406-830-3060 for a confidential consultation.

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