To get a probationary license after a Montana DUI conviction, you need three things: a suspension that allows one, a recommendation from the sentencing court, and a decision by the Motor Vehicle Division to issue it once any waiting period and conditions are met. The license is restricted to essential driving. This page covers eligibility, the steps in order, and the limits. It is part of our Montana DUI Guide. For how the license fits with interlock orders, see ignition interlock and probationary licenses.
Who Is Eligible, and Who Is Not
| Reason for the suspension | Probationary license? | Source |
|---|---|---|
| First DUI conviction | Yes, if the court recommends it. No minimum wait in the statute. | § 61-8-1010(1), § 61-11-101(2) |
| Second DUI conviction | Yes, after at least 45 days, if the report of conviction includes the court's recommendation. | § 61-5-208(2)(b)(ii) |
| Third or later DUI conviction | Yes, after at least 90 days, if the report of conviction includes the court's recommendation. | § 61-5-208(2)(b)(iii) |
| Under-21 offense | Not until the reinstatement fee is paid and, if under 18 at the time, 30 days are completed. | § 61-8-1007(3)(a)(iv)(B) |
| Test refusal | No. The department may not issue one during a refusal suspension. | § 61-8-1032(2)(f) |
| Suspension for failure to appear or comply | No. | § 61-5-215 |
| Driving a commercial motor vehicle | No, not during a disqualification or while the license is suspended or revoked. | § 61-2-302(9)(b) |
If two actions are in place at once, such as a conviction suspension and a refusal suspension from the same arrest, the stricter one controls whether you can drive. A felony DUI is a revocation, and the department may not issue a probationary license on a revoked license without a certificate of insurance on file (MCA § 61-6-131(2)). Our SR-22 guide explains that filing.
The Court's Recommendation Comes First
People often go to a driver exam station to ask for a work permit and learn that the request should have been made in court. The sentencing court forwards a record of the conviction to the department within 5 days, and with it the court may recommend a restricted probationary license on the condition that the person completes the chemical dependency education course or treatment it ordered (MCA § 61-11-101(2)). For a second or later offense, the statute is explicit that the department may not issue the license unless the report of conviction includes that recommendation (MCA § 61-5-208(2)(b)).
So the request belongs in the plea agreement or the sentencing argument. A judge is not required to recommend a license, and the conditions the judge attaches shape what comes next.
The Steps, in Order
- Ask the court for the recommendation at sentencing, and confirm it appears in the judgment.
- Serve the minimum period if there is one: 45 days on a second offense, 90 days on a third or later.
- Start the assessment and the course or treatment. The recommendation is conditioned on it, and your counselor reports enrollment and any failure to attend to the court (MCA § 61-8-1009(6)).
- Meet the testing or interlock condition. On a second or later conviction, a court that recommends a probationary license must restrict you to a vehicle with a functioning interlock during the probationary period, unless it orders 24/7 or forfeiture instead (MCA § 61-8-1010(2)). A certified device must be installed in any vehicle you drive before the division issues the license (ARM 23.3.980(1)(a)).
- Pay the $200 reinstatement fee. The division's probationary license form treats the fee as part of issuance, and for the under-21 offense the statute requires it first.
- The division issues the license, marked with its restrictions. Its online services portal shows the requirements still open on your record.
The Motor Vehicle Division sets its own paperwork for the last two steps, and it changes from time to time. Check the current requirements with the division before relying on a list from any website, including this one.
Two Routes Around the Waiting Period
The 24/7 program. If a person convicted of aggravated DUI or a second or later DUI has been required to take part in the 24/7 Sobriety and Drug Monitoring Program, the court may notify the department that the person is eligible for a restricted probationary license without first completing the waiting portion of the suspension. The person must first obtain proof of insurance (MCA § 44-4-1205(1)(b)). If the person falls out of compliance, the court may direct the department to withdraw the license and reinstate the rest of the suspension. See our 24/7 program page.
DUI court. A DUI court may, in its discretion, authorize a probationary license for a participant convicted of a second or later misdemeanor DUI. If the participant does not comply, the court may revoke it and impose the full suspension period starting from the date of that revocation (MCA § 61-5-231).
What the License Lets You Do
The division's Probationary Driver License Information form says the license is restricted to essential driving only. That means driving to and from your residence and:
- your regular place of employment, or in search of employment, by the most direct route, and during work hours at the specific direction of your employer for assigned job duties;
- a school where you are enrolled, immediately before and after regular school hours, but not extracurricular activities;
- a location or business for purposes related to maintaining the household; and
- a chemical dependency assessment, education course, or treatment program, as required.
The same definitions appear in the department's rule, ARM 23.3.232, which also lets the division add other restrictions on time and purpose. Recreational driving is not allowed. Driving a commercial motor vehicle is not allowed. Our guide to getting to work during a suspension looks at how these limits play out day to day.
How a Probationary License Is Lost
The form lists three ways: failing to keep meeting the requirements for the license or its restrictions, being convicted of or forfeiting bail on any traffic violation during the suspension period, or paying the reinstatement fee with a check that is returned. In each case the division requires the license back and reinstates the full term of the original suspension or revocation.
Driving outside the restrictions is also a crime of its own. Operating a motor vehicle in violation of the restrictions on a restricted license is a misdemeanor (MCA § 61-2-302(10)), and driving a vehicle without a required interlock is punishable by up to 6 months in jail, a $500 fine, or both (MCA § 61-8-1024). Our guide to interlock violations covers that side.
This page explains Montana law in general as of the 2025 Montana Code Annotated and the Motor Vehicle Division forms in use on October 9, 2026. It is not legal advice about your specific case.