A DUI court, or treatment court, is a supervised program run by a judge that combines regular court appearances, alcohol and drug testing, and treatment. In Montana a person who participates in a DUI court can have jail time above the mandatory minimum suspended (MCA § 61-8-1031(1)), and for some felony DUI convictions a treatment court sentence is an alternative to a Department of Corrections commitment. Admission is not automatic, and the program is demanding. This page is part of our Montana DUI Guide and expands a short section of the DUI court process.
Two Statutes, One Idea
Montana law addresses these programs in two places.
The DUI code defines a DUI courtas "any court that has established a special docket for handling cases involving persons convicted" of misdemeanor or felony DUI, and that "implements a program of incentives and sanctions intended to assist a participant to complete treatment" ordered under the DUI treatment statute (MCA § 61-8-1001(8)).
The Drug Offender Accountability and Treatment Act (beginning at MCA § 46-1-1101) governs drug treatment courtsgenerally. Its definition of "drug" expressly includes alcohol (MCA § 46-1-1103(3)(c)), and a "drug offender" includes a person charged with an offense in which substance abuse was a significant factor (MCA § 46-1-1103(4)). A DUI fits that description.
The Montana Judicial Branch reports 31 treatment courts operating in the state, including 5 tribal courts, and notes that the first was established in Missoula in 1996. It describes them as dockets for adult criminal, DUI, juvenile, veteran, and child abuse and neglect cases.
How a Treatment Court Works
Instead of one sentencing hearing and a probation term, a participant returns to court on a regular schedule. Before each session, a team meets to review each person's progress. The statute describes the team as including the judge, the prosecutor, the defense attorney, a coordinator, treatment providers, and others such as law enforcement or a probation officer (MCA § 46-1-1103(7)). After hearing from the team, the judge decides on an incentive or a sanction (MCA § 46-1-1104(8)).
| Feature | What the statute says | MCA |
|---|---|---|
| Who may create one | Each judicial district or court of limited jurisdiction. | § 46-1-1104(1) |
| Entry | Voluntary, with the consent of the prosecutor, the defense attorney, and the court, under a written agreement. | § 46-1-1104(2) |
| Eligibility | Set by each court. No one has a right to participate, and a court is not obligated to accept anyone. | § 46-1-1104(9) |
| Testing | Frequent, random, and observed testing to monitor abstinence. | § 46-1-1111(2) |
| Cost to the participant | All or a reasonable part of the cost, not more than $300 a month, based on ability to pay. May be reduced or waived for indigency. | § 46-1-1112(2) |
| Incentives | Examples: graduation certificates, early graduation, fee reductions, reduced contact with a probation officer. | § 46-1-1104(4) |
| Sanctions | Examples: a short-term jail sentence, fines, more time in the program, termination. | § 46-1-1104(5) |
Treatment is individualized. An assessment recommends the type and duration of treatment, and the length of stay is determined by the team "based on individual needs and accepted practices" (MCA § 46-1-1110(1), (7)). The statutes do not set a program length. Each court's handbook does, usually in phases.
Who Can Get In
The Act applies "only to offenders who qualify for participation based on qualifications established by each drug treatment court." It does not apply to a person convicted of a sexual offense, and it "does not confer a right or expectation of a right to participate" (MCA § 46-1-1104(9)). Participation requires the consent of the prosecutor, the defense attorney, and the court, under a written agreement (MCA § 46-1-1104(2)).
There is one wrinkle for DUI. The Act calls participation voluntary. The DUI sentencing statute, however, says that during a suspended portion of a DUI sentence the person is subject to the conditions the court imposes, "including mandatory participation in drug or DUI courts, if available" (MCA § 61-8-1007(1)(e)(i)). So a judge can make a treatment court a condition of a suspended sentence. Whether you enter by application or by order, read the participation agreement with your attorney before you sign it. It will describe what you are giving up as well as what you gain.
What Participation Changes About a DUI Sentence
For a misdemeanor DUI: "If a person participates in a DUI court, the court may, at the court's discretion, suspend all or a portion of an imprisonment sentence under 61-8-1007, except for the mandatory minimum imprisonment term" (MCA § 61-8-1031(1)). On a third offense, for example, the range runs from a 30-day minimum to 1 year, so the time above the minimum is considerable. See mandatory jail time and second and third DUI penalties.
The other side of that provision is strict. If a participant "fails to comply with the conditions imposed by the DUI court, the court shall revoke the suspended imprisonment sentence" (MCA § 61-8-1031(2)). The word is shall.
For a felony DUI sentenced under MCA § 61-8-1008(1), the statute gives the court two options. One is a commitment to the Department of Corrections for 13 months to 2 years followed by a suspended 5-year term. The other is "a term of up to 5 years in an appropriate treatment court program, with required completion," with the same fine. A person sentenced that way may receive a suspended sentence but is not eligible for a deferred one (MCA § 61-8-1008(1)(a)(ii)). Our page on the felony DUI treatment program covers the first option.
What Graduating Means
On successful completion, the case "must be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the drug treatment court" (MCA § 46-1-1104(6)). The Act lists possible dispositions and incentives that apply across all kinds of cases, including dismissal, deferred sentencing, and expungement of the underlying case.
Be careful with that list in a DUI case. The DUI statutes separately provide that a DUI prosecution may not be deferred and that a court may not defer imposition of a DUI sentence (MCA §§ 46-16-130(4), 61-8-1011(4)). A DUI court by definition serves people already convicted. So for a DUI, graduation ordinarily means the suspended jail time is never served and supervision ends. It does not mean the conviction disappears, and the conviction still counts as a prior if there is ever another charge. Ask what the specific court's agreement provides. For record clearing generally, see expungement step by step.
ROAD Court in Missoula County
Missoula County Justice Court's DUI court is called ROAD Court (Responsibility, Opportunities, Accountability for Drivers). The county describes it as designed "to facilitate the rehabilitation of adults accused or convicted of alcohol and drug-related traffic offenses," led by a Justice of the Peace and supported by a team of professionals. The program publishes a contract, a participant handbook, and a referral form. Those documents, not this page, state its current eligibility rules and phases.
Is It Right for You?
Treatment court is more work than a standard sentence: more court dates, more testing, and less room for a missed appointment. For a person whose drinking or drug use is the real problem, that structure is the point, and the reduction in jail exposure can be substantial. For a person with a first offense and no dependency finding, the ordinary path through the assessment and education course may ask less. Costs matter too: up to $300 a month, adjusted for ability to pay (MCA § 46-1-1112(2)). Go through the agreement, the schedule, and your work obligations with your attorney before deciding.
This page explains Montana law in general as of the 2025 Montana Code Annotated. Each treatment court sets its own rules. It is not legal advice about your specific case.