In the first 24 hours after a Montana DUI arrest, three things matter most: do not drive until you know your license status, gather and read every paper you were handed, and write down the two dates that control everything else, your court date and, if you refused a test, the 30th day after the arrest. This checklist is part of our Montana DUI Guide. It is organized by time, and each deadline is tied to the statute it comes from.
The Deadlines That Are Already Running
Not every row applies to every person. The first two apply only if the officer took your license after a refusal.
| When | What happens | Source |
|---|---|---|
| 12 hours after the permit is issued | If you refused a test, the temporary driving permit takes effect. Until then you have no license to drive on. | MCA § 61-8-1016(4)(c)(ii) |
| 5 days following the date of issuance | The temporary driving permit stops being valid. | MCA § 61-8-1016(4)(c)(ii) |
| The date and time on your citation or release order | Your first court appearance. Missing it can bring an arrest warrant and a license suspension. | MCA §§ 46-6-310, 46-6-212, 61-5-214 |
| 30 days after the officer gave you notice | Last day to petition the district court to challenge a refusal suspension. | MCA § 61-8-1017(1) |
| 60 days after certified-mail notice | Time to reclaim a vehicle taken into custody because of the driver's arrest, before it may be sold. | MCA § 61-12-404(1)(b) |
| End of the next business day (CDL holders) | A commercial driver must tell the employer about a license suspension. | 49 CFR 383.33 |
The First 12 Hours: Do Not Drive Yet
- Get a ride home. Being released does not mean you are safe or legal to drive.
- Check whether you still have your license. After a refusal, the officer takes it and issues a temporary driving permit that is effective 12 hours after issuance (MCA § 61-8-1016(4)(c)(ii)). During those 12 hours you have nothing to drive on. Our page on the temporary driving permit explains what it does and does not allow.
- Read your release conditions before you do anything else. A court that releases you must put any restrictions in a written release order (MCA § 46-9-110). A condition such as no alcohol applies from the moment you walk out. See bail and release conditions.
- Do not go back to talk to the officer. You have the right to refuse to make a statement, and anything you say may be offered at trial (MCA § 46-7-102(1)(e)).
The First 24 Hours: Papers, Memory, and the Car
Papers. Put these in one folder: the citation or notice to appear, the release order, any bail receipt, the temporary permit and the written notice of suspension if you refused, and any tow slip. If you are not sure what each one is, our guide to reading your DUI citation walks through them.
Memory. Write a timeline for your lawyer while it is fresh: where you were and when, what you ate and drank and at what times, any medication, why the officer said you were stopped, what tests you were asked to do and where, what you were told about the breath or blood test, and who was with you. Keep it private.
Evidence that disappears. Save receipts and note the names of people who saw you that evening. If a business camera may have recorded you, tell your lawyer quickly. Businesses and agencies keep video on their own schedules, and those schedules vary.
The car. Find out which company towed it and what it needs to release it. Storage charges are set by the company, not by a statewide schedule, so waiting generally costs more. See getting your car out of impound.
Days 2 to 5: While the Temporary Permit Lasts
If you refused a test, these are the days you can still drive on the permit. Use them to arrange what comes next: rides to work, a conversation with a lawyer, and a decision about the 30-day petition. The refusal suspension is 6 months for a first refusal and 1 year for a second within 5 years, and the Motor Vehicle Division may not issue a probationary license during it (MCA § 61-8-1032(2)(f), (4)(a)).
If you hold a commercial license, federal rules require you to notify your employer of a suspension before the end of the business day after you receive notice of it (49 CFR 383.33). Our page on telling your employer covers who else has a duty to report.
The First Week: The Court Date and a Lawyer
Find the court, date, and time on your citation or release order and plan to be there early. If you were given a notice to appear and do not appear, the judge may issue an arrest warrant (MCA § 46-6-212), and the court can report the failure to the Motor Vehicle Division, which must then suspend your license until you appear (MCA § 61-5-214).
This is also the week to talk to a lawyer. You are not required to enter a plea at the first hearing without time to think. If you ask, the court must allow a reasonable time, not less than 1 day (MCA § 46-12-203). Our page on the arraignment describes the hearing itself.
By Day 30: The License Petition
A petition to challenge a refusal suspension must be filed within 30 days after the officer gave you notice of the right to a hearing. It is filed in the district court of the county where the arrest was made, which is a different court from the one hearing the DUI charge (MCA § 61-8-1017(1)). On request, that court may stay the suspension until the hearing (MCA § 61-8-1017(3)). The hearing is limited to whether the officer had a basis to request the test and whether you refused (MCA § 61-8-1017(4)).
Thirty days passes faster than people expect, and a petition takes time to prepare. Our license suspension and hearings page explains how the hearing works.
This page explains Montana law in general as of the 2025 Montana Code Annotated. Release practices and tow charges vary by court, agency, and company. It is not legal advice about your specific case.