Probation after a Montana DUI is the suspended part of the sentence: jail time the judge imposes but does not make you serve, as long as you follow conditions. For a misdemeanor DUI it can last up to 1 year. For a felony DUI it is supervised by the state and runs much longer. This page explains the length, the usual conditions, testing, and travel. It is part of our Montana DUI Guide.
How Long Misdemeanor DUI Probation Lasts
A DUI sentence has two parts. The mandatory minimum must be served. The remainder "may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program" (MCA § 61-8-1007(1)(e), (2)(e), (4)(c)). A companion provision says that when a judge suspends a DUI sentence and orders treatment, the judge retains jurisdiction to impose the suspended sentence for up to 1 year (MCA § 61-8-1009(10)).
So for a first, second, or third DUI, the statute describes a suspended period of up to 1 year. Our page on suspended and deferred sentences explains why a deferred sentence is not an option.
Conditions the DUI Statute Names
During any suspended portion of a misdemeanor DUI sentence (MCA § 61-8-1007(1)(e)):
- you are subject to all conditions the court imposes, "including mandatory participation in drug or DUI courts, if available";
- you are subject to all conditions of the 24/7 sobriety and drug monitoring program, "if available and if imposed by the court"; and
- if you violate a condition or a treatment requirement, the court may impose the rest of the jail term it suspended.
Every conviction also requires a chemical dependency assessment, followed by an education course or treatment (MCA § 61-8-1009). Our page on DUI classes and treatment covers that requirement.
Other Conditions a Court May Add
Montana's general sentencing statute lets a judge impose "any reasonable restrictions or conditions" during a suspended sentence (MCA § 46-18-201(4)). The list is not exclusive. For a DUI it commonly includes:
- payment of the fine and costs, which can be made a condition of probation (MCA § 46-18-233(1));
- community service (§ 46-18-201(4)(j));
- home arrest for jail time above the minimum (§ 46-18-201(4)(k));
- participation in the 24/7 program (§ 46-18-201(4)(n));
- restitution, if someone suffered a loss; and
- any other condition considered necessary for rehabilitation or the protection of the victim or society (§ 46-18-201(4)(p)).
The statutes do not hand every DUI defendant a fixed list. Your conditions are whatever your written judgment says, which is why it is worth reading line by line before you sign.
Alcohol and Drug Testing
On a second or later conviction, the court must choose at least one of three measures, and the first is participation in the 24/7 Sobriety Programor another court-approved testing program, at your expense (MCA § 61-8-1010(2)(a)). The program's primary alcohol test is twice-a-day, in-person breath testing at a central location. In cases of hardship, such as distance from a testing site, a transdermal monitor or remote breath device may be used (MCA § 44-4-1203(2)).
On a first conviction, the DUI statute lets the court attach testing or an ignition interlock when it recommends a probationary license (MCA § 61-8-1010(1)). The general sentencing statute also lists the 24/7 program as a possible condition of a suspended sentence for a DUI (MCA § 46-18-201(4)(n)), while the 24/7 statute has its own eligibility rules, which reach an aggravated DUI charge and a person with a prior conviction in the past 10 years (MCA § 44-4-1205(4)). Whether 24/7 can be required on a first, non-aggravated DUI is worth reviewing with your attorney.
A second or later conviction also brings monthly monitoring for at least 1 year from admission to treatment. If a person fails to comply with that monitoring, the court "shall revoke" the suspended sentence (MCA § 61-8-1009(9)).
Who Supervises a Misdemeanor Sentence
A city or county may set up a misdemeanor probation office tied to its justice, municipal, or city court to monitor sentence compliance and restitution payments (MCA § 46-23-1005). Not every court has one. Where there is none, compliance is typically shown to the judge through documents: treatment enrollment, completion certificates, testing records, and payment receipts. Counselors must tell the court when a person enrolls and when a person fails to attend (MCA § 61-8-1009(6)).
Felony DUI Probation
A first felony DUI sentenced under the corrections option includes probation by statute. After a person completes the residential treatment program, the rest of the 13-month to 2-year term is served on probation, and it is followed by a suspended 5-year term (MCA § 61-8-1008(1)(a)(i), (1)(b)(iv)). The statute lists the conditions:
| Subject | Condition | § 61-8-1008(1)(b)(iv) |
|---|---|---|
| Standard conditions | Abide by the standard conditions of probation set by the Department of Corrections | (A) |
| Costs | Pay the costs of imprisonment, probation, and alcohol treatment if financially able | (B) |
| Bars | May not frequent an establishment where alcoholic beverages are served | (C) |
| Alcohol | May not consume alcoholic beverages | (D) |
| Driving | May not operate a motor vehicle unless authorized by the probation officer | (E) |
| Aftercare | Enter and remain in an aftercare treatment program for the entire probationary period | (F) |
| Testing | Submit to random or routine drug and alcohol testing | (G) |
| Interlock | If permitted to drive, the vehicle must have an ignition interlock system | (H) |
The judge may add other reasonable conditions, including a fine, costs, and community service (§ 61-8-1008(1)(b)(v)). A person supervised by the Department of Corrections also pays a supervisory fee of $120 to $360 a year, which can be reduced or waived for significant financial hardship (MCA § 46-23-1031(1)). Our guide to the felony DUI treatment program explains the stages before probation.
Travel and Moving
The department's standard conditions for felony probation are in the Administrative Rules of Montana (ARM 20.7.1101). As summarized for the Legislature's Criminal Justice Oversight Council in 2024, they include getting the supervising officer's approval before changing residence and permission before leaving the assigned district. A person allowed to transfer supervision to another state pays a $50 fee (MCA § 46-23-1031(1)(b)).
For a misdemeanor DUI, no statute sets a travel rule. The answer is in your judgment and in the practical demands of your conditions. Twice-daily testing, class schedules, and review hearings limit travel even when nothing says "do not leave the county." If a trip or a move is coming, raise it with your attorney before sentencing so it can be addressed in the order.
A missed test, a missed class, or a new charge can put the suspended jail time back on the table. Our page on DUI probation violations explains the petition, the hearing, and the possible outcomes.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.