A service member arrested for DUI in Montana faces two separate tracks. The first is an ordinary Montana criminal case, with the same statutes, courts, and penalties that apply to a civilian. The second belongs to the military: your command, your on-base driving privileges, and possibly your clearance. This page explains the Montana side in detail and the military side in general terms. It is part of our Montana DUI Guide.
A&M Law is a Missoula firm that defends DUI cases in Western Montana courts. We do not practice military justice. Where this page describes military rules, it quotes published federal law and stops there. For those questions you need military defense counsel, and your installation can direct you to that office.
Four Decisions, Four Decision-Makers
| Issue | Who decides | Under what rules | Who advises you |
|---|---|---|---|
| The Montana criminal case | A Montana municipal, justice, or district court | Montana DUI statutes, MCA §§ 61-8-1001 to 61-8-1033 | A Montana criminal defense lawyer |
| Driving on the installation | The installation commander | 32 CFR 634.9 and installation rules | Military defense counsel or the legal assistance office |
| Military justice or administrative action | Your command | The Uniform Code of Military Justice and service regulations | Military defense counsel |
| Security clearance | The clearance adjudicating agency | Federal adjudicative guidelines | Your security manager and, if needed, a clearance lawyer |
The Montana Case Is the Same as Anyone's
If a city officer, a sheriff's deputy, or a Highway Patrol trooper arrested you off the installation, the charge is filed in a Montana court. Military status does not change the offense. The limits are the same: impairment at any level, 0.08 per se, the THC and drug levels, and the 0.02 and any-THC rule for a driver under 21 (MCA § 61-8-1002). So are the penalties, the license suspension, and the required chemical dependency assessment. Our guide to the DUI court process and our first-offense DUI page cover those.
An arrest on a military installation or other federal land can follow a different path. See our page on DUI on military or federal property.
Court Dates Around Duty, Training, and Deployment
Military schedules do not bend easily, and Montana procedure leaves some room. In a misdemeanor case the defendant may appear by counsel only, though the court may require personal attendance at any time (MCA § 46-16-120). An arraignment can be held by two-way video if neither side objects and the court agrees (MCA § 46-12-201(4)). In a misdemeanor, a sentence may be imposed without the defendant present (MCA § 46-16-123(1)). Those are tools a lawyer can ask to use. Each judge decides what to allow.
People sometimes assume the Servicemembers Civil Relief Act will put the case on hold. Its stay provision applies to "any civil action or proceeding" (50 U.S.C. 3932). A DUI prosecution is a criminal case, so plan around the court's dates and have your lawyer raise conflicts early. Our page on missed court dates and warrants explains what happens otherwise.
On-Base Driving Privileges
Driving on an installation is a privilege the commander controls, and it is handled apart from your state license. The federal regulation on military traffic supervision authorizes immediate suspension of installation driving privileges pending resolution of an intoxicated-driving incident, "regardless of the geographic location" of the incident. The listed grounds include a refusal to take or complete a lawfully requested chemical test, a result of 0.08 or higher, and an arrest report or other official documentation of the apprehension (32 CFR 634.9(a)(3)).
The same regulation calls for revocation of installation driving privileges for at least 1 year after a refusal, or after a conviction, nonjudicial punishment, or administrative action that results in suspension or revocation of a driver's license for intoxicated driving (32 CFR 634.9(b)(3)). It also says a revocation applies at all military installations and stays in effect after reassignment. How your installation applies those rules, and what hearing you can request, is a question for the base legal office.
Military Justice and Administrative Action
The Uniform Code of Military Justice has its own offense for drunken or reckless operation of a vehicle (10 U.S.C. 913). Inside the United States, the alcohol limit it uses is the lower of the limit in the state where the conduct happened or 0.08. Commands also have administrative options that are not criminal convictions but can still affect a career.
Which of those a command chooses after a civilian arrest, and what rights you have in each, depends on your branch, your record, and military law. We are not the right source for that. Speak with military defense counsel before you make a statement to your chain of command about the facts of the night. What you say there is not protected by anything in the Montana case.
Your License, Your Home State, and a Move
Many service members stationed in Montana hold a license from another state. Montana can suspend your privilege to drive here on the same grounds as a Montana license (MCA § 61-5-203(1)), and a conviction can be reported to your home state. Our out-of-state driver page explains that. If orders move you before the sentence is finished, the assessment, classes, and any monitoring still have to be completed. See our page on moving to another state after a DUI.
What to Do in the First Week
- Write down the court date and the name of the court on the citation.
- If you refused a test, note the date. A 30-day deadline to challenge the license suspension may be running (MCA § 61-8-1017). See our test refusal page.
- Contact military defense counsel about your reporting duties before you report.
- Tell your Montana lawyer about upcoming training, a permanent change of station, or a deployment, so the court can be told in advance.
This page explains Montana law in general as of the 2025 Montana Code Annotated and quotes federal law as published in October 2026. It is not advice on military law and is not legal advice about your specific case.