"How long does this stay on my record?" is the most common DUI question we hear after the case itself. The difficulty is that there are several records. The court keeps one, the Motor Vehicle Division keeps another, your insurer looks at a third window, and the sentencing law has its own way of counting. This page takes them one at a time. It is part of our Montana DUI Guide.
The Clocks at a Glance
| Where it counts | For how long | MCA |
|---|---|---|
| As a prior for a second DUI | 10 years, from the earlier conviction to the new offense | § 61-8-1011(1)(b) |
| As a prior for a third or later DUI | No limit. All previous convictions count. | § 61-8-1011(1)(b) |
| Criminal conviction record | No expiration. Public unless expunged. | §§ 44-5-103, 44-5-301 |
| Driving record | The statute sets no number of years for removing a DUI. | § 61-11-102 |
| Habitual traffic offender points | 10 points, counted within a 3-year period | § 61-11-203 |
| Auto insurance rating, personal policy | Driving-record information under 3 years old | § 33-16-201(4)(b) |
| Commercial background report | 7 years from disposition, release, or parole | § 31-3-112 |
| A second test refusal | Counts if within 5 years of a previous refusal | § 61-8-1032(4)(a) |
As a Prior Offense: 10 Years, Then Lifetime
This is the clock with the largest consequences, because the number of the offense sets the penalty. The rule is in MCA § 61-8-1011(1)(b): an offender is considered previously convicted "if less than 10 years have elapsed between the commission of the present offense and a previous conviction unless the offense is the offender's third or subsequent offense, in which case all previous convictions must be used for sentencing purposes."
- One prior, more than 10 years old: the new DUI is treated as a first offense.
- One prior, within 10 years: the new DUI is a second offense.
- Two priors, at any time in your life: the new DUI is a third offense.
- Three priors, at any time: the new DUI is generally a felony.
The 10 years run from the date of the earlier conviction to the date the new offense was committed. Convictions from other states and tribal courts count, and since 2025 a pending charge counts if it results in a conviction before sentencing on the present offense (MCA § 61-8-1011(1)(a)). Counting priors correctly is detailed work, and it is one of the first things we check. See second and third DUI.
The Criminal Record: Permanent and Public
A conviction does not age off a Montana criminal record. Conviction information and court records are public criminal justice information, and there are no restrictions on their dissemination (MCA §§ 44-5-103(13), 44-5-301).
In many misdemeanor cases a first-time defendant can receive a deferred sentence and later have the charge dismissed. That is not available here. 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)). This is the main reason a first DUI deserves a real defense: there is no built-in second chance at the end of it.
The Driving Record
The Motor Vehicle Division keeps a separate driving record that must include all convictions reported to it (MCA § 61-11-102). The statute does not set a number of years after which a DUI comes off. What it does set is a points system: a DUI is 10 conviction points, and a person who accumulates 30 or more points within a 3-year period is a habitual traffic offender, which brings a 3-year license revocation (MCA §§ 61-11-203, 61-11-211).
Insurance and Background Checks
- Insurance. For a private passenger auto policy, an insurer may not rate on adverse driving-record information that is 3 years old or older. For commercial auto the period is 5 years (MCA § 33-16-201(4)).
- Background reports. A consumer reporting agency may not include a record of arrest or conviction more than 7 years old (MCA § 31-3-112). The court record itself remains public.
More on both in what a DUI costs and jobs, licenses, gun rights, and custody.
Expungement
Montana's misdemeanor expungement law lets a person petition the district court to expunge the records of misdemeanor convictions. The key rules for a DUI:
- One petition per lifetime. A person may petition no more than one time (MCA § 46-18-1104).
- No presumption for a DUI. For most misdemeanors, expungement is presumed after 5 conviction-free years following completion of the sentence (MCA § 46-18-1107). For a person with a DUI conviction, expungement "may not be presumed" (MCA § 46-18-1108).
- The court weighs the circumstances, including age at the time of the offense, the time elapsed, rehabilitation, and the likelihood of reoffending.
- Felony DUI is not covered by the misdemeanor expungement law.
Because the petition can be filed only once, when to file and what to include are decisions worth making carefully.
Two Exceptions Worth Knowing
- Under-21 DUI. A conviction under the under-21 provision may not be counted as a prior offense for an adult DUI (MCA § 61-8-1007(3)(b)). See under-21 DUI.
- Canada. Canadian immigration law runs on its own clock, and for offenses after December 18, 2018, time alone does not clear a DUI. See traveling to Canada after a DUI.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.