A Montana nurse who is convicted of DUI has to report it to the Board of Nursing within 30 days of the final judgment. The conviction is not an automatic bar to holding a license, but the board can review it, and failing to report is a separate violation. This page sets out what the board's rules and the licensing statutes say, as we read them on October 9, 2026. It is part of our Montana DUI Guide and expands on the licensing section of what a DUI affects.
One limit first. We defend the DUI. We do not represent licensees before the Board of Nursing. A nurse with a pending charge may need a licensing attorney as well, and the two should talk before any plea.
The 30-Day Reporting Rule
The Board of Nursing's conduct rule lists, as unprofessional conduct, "failing to report to the board within 30 days of the date of the final judgment, order, or agency action, any malpractice, professional misconduct, criminal, or disciplinary action in which the nurse or the nurse's employer, on account of the nurse's conduct, is a named party" (ARM 24.159.2301(2)(v)).
Three points about that sentence:
- It is not limited to crimes connected to nursing. A DUI prosecution is a criminal action in which the nurse is the named party.
- The clock starts at the final judgment. In a DUI case that is the judgment entered after a plea or a verdict. Mark the date.
- The rule changed recently. The current version took effect September 26, 2026. Before that, the same provision sat at subsection (2)(u), which is the citation many websites still give.
The rule also requires every nurse to report unprofessional conduct of nurses to the board (ARM 24.159.2301(1)(c)), so a colleague or supervisor who learns of a conviction may have a duty of their own.
Is a DUI Unprofessional Conduct?
The statute that defines unprofessional conduct for Montana licensing boards does not mention DUI. The two provisions that come closest are:
- Convictions. A conviction "of a crime relating to or committed during the practice of the profession or occupation or involving violence, use or sale of drugs, fraud, deceit, or theft" (MCA § 37-1-316(1)(a)).
- Alcohol and drugs. "Use of alcohol, a habit-forming drug, or a controlled substance ... to the extent that the use impairs the user physically or mentally in the performance of licensed professional duties" (MCA § 37-1-316(1)(l)).
An off-duty alcohol DUI does not fit either one on its face. It was not committed during practice, and the alcohol provision is about impairment on the job. A DUI based on a drug is a closer question because of the words "use ... of drugs." The statute does not resolve it, and we will not guess how the board would. Our page on prescription and drug DUI covers the criminal side.
Two statutes work in a nurse's favor. A licensing authority may not refuse a license "solely on the basis of a previous criminal conviction" (MCA § 37-1-203), and completing probation without a new conviction "is evidence of rehabilitation" (MCA § 37-1-205).
What the Board Can Do
If a board decides that unprofessional conduct occurred, or the licensee agrees to a stipulation, the available sanctions include revocation, suspension, probation for up to 3 years, practice restrictions, supervised monitoring, a required program of education or treatment, a fine of up to $5,000 per violation, and censure or reprimand (MCA § 37-1-312(1)). A sanction can be stayed in whole or in part. That list describes the range of the board's power. It is not a prediction for any case.
The Nurses' Assistance Program
The Legislature requires the Board of Nursing to run a medical assistance program for licensees "found to be physically or mentally impaired by habitual intemperance or the excessive use of addictive drugs, alcohol, or any other drug or substance" (MCA § 37-8-202(1)(j)). The board calls it the Nurses' Assistance Program, or NAP, and it has two tracks (ARM 24.159.2001).
- Disciplinary monitoring track. Participation may be mandated as part of disciplinary action (ARM 24.159.2010).
- Alternative monitoring track. Open to a licensee who identifies a substance use disorder and asks for admission, or who is referred by the board (ARM 24.159.2020(1)).
One detail matters in a DUI case. Employers may report a nurse directly to the NAP in place of a formal complaint to the board, but the rule makes an exception for "criminal charges and convictions" (ARM 24.159.2020(2)). A criminal charge is not something an employer can route quietly around the board.
Separately, every Montana DUI conviction requires a chemical dependency assessment, and treatment if the assessment calls for it. See DUI classes, assessment, and treatment. For applicants, the board's rules turn in part on whether there was a finding of substance use disorder or chemical dependency (ARM 24.159.414), so the assessment's conclusion is not only a court matter.
Applying for a License With a DUI
| Applicant's history | How the rules treat it | Rule |
|---|---|---|
| One misdemeanor DUI, sentenced more than 5 years before applying | Not required to be reported on the application. | ARM 24.101.406(4)(c) |
| One nonviolent misdemeanor, conviction date more than 2 years before applying | Staff may issue the license without board review. | ARM 24.101.406(5)(a) |
| Two or more alcohol or drug misdemeanors within 5 years of applying | Nonroutine. Handled under the board's substance use rule. | ARM 24.159.413(1)(a) |
| A nonviolent alcohol or drug felony within 10 years of applying | Nonroutine. Handled under the board's substance use rule. | ARM 24.159.413(1)(b) |
A newer conviction that does not fit the staff-approval row goes to the board as a nonroutine application (ARM 24.101.406(6)). When an application is nonroutine because of alcohol or drug convictions, the department may issue the license to an applicant who "has satisfied or discharged all conditions of court-ordered sanctions" and was not subject to a finding of substance use disorder or chemical dependency (ARM 24.159.414(1)(a)). Finishing the sentence completely, including fines and classes, is therefore worth doing before you apply. Lack of candor in disclosing an offense is listed as evidence of insufficient rehabilitation (ARM 24.101.406(2)(d)).
Multistate Compact Licenses
Montana is a party to the Enhanced Nurse Licensure Compact. To obtain or retain a multistate license, a nurse must not have been convicted of a felony, must not have been convicted of a misdemeanor "related to the practice of nursing as determined on a case-by-case basis," and must not be currently enrolled in an alternative program (MCA § 37-8-501). For a traveling nurse, that makes two things important: the difference between a misdemeanor DUI and a felony DUI, and the effect of entering an alternative monitoring program.
Before You Resolve the Criminal Case
- Tell your defense attorney that you hold a license, and which one.
- Read your board's current rules yourself. They change, as this one just did.
- Know the date of the final judgment and count 30 days from it.
- Check your employer's policy separately. It may be stricter than the board's rule. See telling your employer.
- Understand what you would be convicted of under any plea agreement, because that is what the board will read.
This page explains Montana statutes and Board of Nursing rules in general as they read on October 9, 2026. Board rules change. It is not legal advice about your case or your license.