A DUI conviction in Montana carries 10 conviction points. A person who accumulates 30 or more points within a 3-year period is a habitual traffic offender, and the Motor Vehicle Division must revoke that person's license for 3 years (MCA §§ 61-11-203, 61-11-211). This page gives the full schedule, shows how a DUI combines with other convictions, and explains the revocation and the appeal. It is part of our Montana DUI Guide.
What Points Are, and What They Are Not
Montana's habitual traffic offender statute uses conviction points for one purpose: deciding whether a person is a habitual traffic offender. Insurance companies use their own rating systems, which are a separate matter. When the department receives a report of conviction, it assigns points from a fixed schedule (MCA § 61-11-203(2)).
The suspension that follows a DUI conviction is a different mechanism. It is imposed for the conviction itself, whatever the person's point total. Our suspension lengths table covers those periods.
The Montana Point Schedule
| Conviction | Points |
|---|---|
| Deliberate homicide resulting from the operation of a motor vehicle | 15 |
| Mitigated deliberate homicide, negligent homicide with a motor vehicle, or negligent vehicular assault | 12 |
| Any felony under the motor vehicle laws, or any felony in which a motor vehicle is used | 12 |
| Driving under the influence of alcohol or drugs | 10 |
| Leaving the scene of an accident involving death or injury | 8 |
| Driving while the license is suspended or revoked | 6 |
| Reckless driving | 5 |
| Illegal drag racing or a speed contest | 5 |
| A mandatory liability insurance offense | 5 |
| Leaving the scene of a property damage accident ($1,000) or failing to report an accident | 4 |
| Speeding (with a statutory exception for certain speeding tickets) | 3 |
| Driving without a license | 2 |
| All other moving violations | 2 |
Source: MCA § 61-11-203(2). A conviction here has the broad meaning in MCA § 61-5-213, which includes a guilty or no contest plea accepted by the court, a bail forfeiture that has not been vacated, and the payment of a fine. Convictions under another jurisdiction's traffic laws count as well (MCA § 61-11-203(1)(a)).
How a DUI Adds Up
Three DUI convictions within 3 years reach 30 points with nothing else on the record. More often the total is built from a DUI and the charges that tend to travel with it. A DUI (10), a later conviction for driving while suspended (6), a no-insurance conviction (5), and a second DUI (10) come to 31.
One rule works in the driver's favor. If two or more convictions involve a single occurrence, only the conviction carrying the highest points is charged (MCA § 61-11-203(3)). A DUI and a speeding ticket from the same stop count as 10 points, not 13.
This is also why the charge a case ends on matters beyond the sentence. A reckless driving conviction is 5 points where a DUI is 10. Our guide to DUI, reckless, and careless driving compares those offenses.
The Declaration and the 3-Year Revocation
The process is administrative. If the department's records show that a person's driving record meets the definition, the department must declare the person a habitual traffic offender, revoke the license or driving privilege, and notify the person in writing. The notice goes by first-class mail to the most current address on record, and service is complete on mailing (MCA § 61-11-204). That makes it important to keep your address current with the division.
The revocation lasts 3 years from the date of the declaration. After the declaration, the department removes the points on which it was based (MCA § 61-11-211). The person may not be issued a license again until the 3 years have passed, the ordinary licensing requirements are met, and the person files and maintains for 3 years proof of financial responsibility (MCA § 61-11-212). That last item is the filing people call an SR-22, discussed in our SR-22 guide.
Challenging the Declaration
A person declared a habitual traffic offender may file a petition in the district court of the county where the person lives, or in Lewis and Clark County for a nonresident. The steps are strict (MCA § 61-11-210):
- Deadline: 30 days after receiving the notice. Receipt is presumed on the third day after mailing.
- Service: a copy must be promptly served on the county attorney, who represents the department. Untimely service or no service waives the right to a hearing.
- No stay: filing the petition does not stay enforcement of the revocation.
- Scope: the hearing is limited to whether the petitioner is the person named in the record of convictions and whether the petitioner is a habitual traffic offender.
- Burden: the petitioner must prove that the department's actions are invalid or its records are wrong.
That scope means the petition is about the record: a conviction attributed to the wrong person, a conviction counted twice, two convictions from one occurrence both counted, or a conviction outside the 3-year period. It is not a second chance to contest the underlying DUI.
Driving After a Declaration
A habitual traffic offender who operates a motor vehicle in Montana during the revocation is guilty of a misdemeanor, punishable by imprisonment for not less than 14 days or more than 1 year, a fine of not more than $1,000, or both. The department then extends the revocation by another year. The statute makes an exception for driving in a situation of extreme emergency to save life, limb, or property (MCA § 61-11-213).
Checking Your Own Point Total
A Montana driving record lists the points for each history event and shows two totals: total conviction points and total habitual traffic offender points, each counted from convictions within three years of the current date. The Motor Vehicle Division says points remain on the record for three years from the conviction date. If a DUI case is pending and you have other recent convictions, pull the record before deciding how to resolve it. Our guide on how to get your driving record shows how.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.