If you are arrested for DUI in Montana while holding another state's license, two things can happen. Montana can suspend your privilege to drive in Montana, and Montana reports the result to the state that issued your license, which then applies its own law. Montana cannot suspend the out-of-state license itself. This page explains each piece, including the Driver License Compact. It is part of our Montana DUI Guide and adds detail to our out-of-state DUI page.
The License and the Privilege Are Different Things
A visitor drives in Montana on a privilege the state extends to nonresidents who carry a valid license from home (MCA § 61-5-104(2)). That privilege is Montana's to withdraw. It is subject to suspension or revocation by the department in like manner and for like causes as a Montana driver's license (MCA § 61-5-203(1)). The plastic card and the right to drive everywhere else belong to the issuing state.
The table shows which state acts at each point.
| Event | What follows | MCA |
|---|---|---|
| You refuse a test in Montana | Montana suspends your privilege to drive in Montana for 6 months, or 1 year for a second refusal within 5 years. | § 61-8-1032(4)(a), § 61-5-203(1) |
| You are convicted of DUI in Montana | The report of conviction is forwarded to the state that licensed you. That state decides what happens to your license. | § 61-5-405(3), § 61-5-401 art. III |
| Your home state receives the report | If it is a party to the Driver License Compact, it gives the conviction the same effect as if the conduct had occurred there. | § 61-5-401 art. IV(1)(b) |
| You drive in Montana during a Montana suspension | Your home-state license does not authorize it. It is driving while suspended. | § 61-5-210, § 61-5-212 |
| You apply for a license in a new state | A party state may not issue one while a suspension for a violation is still running. | § 61-5-401 art. V |
A Refusal: Montana Acts Directly
A test refusal is handled by Montana no matter where you are licensed. The department suspends the "driver's license or driving privilege" on a report of an implied consent violation (MCA § 61-8-1032(4)(a)). The advisory form Montana officers read says so directly to non-Montana license holders: Montana will suspend your driving privileges for the same time periods, and you may petition for a hearing in district court.
That suspension has no probationary license, and the 30-day petition deadline runs whether or not you are still in the state. Getting the Montana privilege back afterward requires paying the reinstatement and administrative fees (MCA § 61-8-1032(2)(c)). Our test refusal page covers the refusal rules.
A Conviction: Montana Reports It Home
A conviction works differently, and the statute is specific. Court abstracts or reports of conviction received by the department that name an individual licensed in another jurisdiction "must be forwarded to the jurisdiction of licensure," and the department "may not take action against the driver's license or driving privilege of the individual as may be required elsewhere in this title" (MCA § 61-5-405(3)).
Read together with the general rule that a nonresident's privilege can be suspended like a Montana license, the result is this. For a conviction, the license consequence is decided by your home state, on Montana's report. The Motor Vehicle Division describes its practice the same way: if a driver with an out-of-state license is convicted of a driving offense in Montana, the conviction record is sent to the state in which the driver is licensed. If you receive a Montana notice after a conviction, read which statute it cites, because a refusal from the same arrest or an unpaid fine can produce a Montana action of its own.
The criminal sentence is unaffected by any of this. Jail, fines, the assessment, and classes are imposed by the Montana court whatever license you hold. Our guide to appearing from out of state covers the court side.
The Driver License Compact
Montana is a party to the Driver License Compact, codified at MCA § 61-5-401. Three of its articles matter here:
- Article III, reports. The licensing authority of a party state must report each conviction of a person from another party state to the licensing authority of that person's home state, identifying the person, the violation, the court, and the plea.
- Article IV, effect. For a conviction for driving under the influence of intoxicating liquor or a narcotic drug, or another drug to a degree that renders the driver incapable of safely driving, the home state must give the same effect to the conduct as if it had occurred in the home state. Offenses described in different words are matched to those of a substantially similar nature.
- Article V, new licenses. A party state may not issue a license to an applicant whose license is suspended for a violation while the suspension is running, or whose license was revoked for a violation while the revocation continues, with an exception after 1 year where the law permits a new application.
Not every state is a party to the Compact. We confirm membership for a client's state instead of assuming it. Even a state outside the Compact can receive Montana's report under § 61-5-405(3) and act under its own statutes.
The National Driver Register
The Compact is not the only channel. Montana's licensing statute bars the department from issuing a license to a person whose license or privilege is suspended, revoked, or canceled, or who is disqualified in any state, "as evidenced by an ineligible status report from the national driver register" established under federal law (MCA § 61-5-105(2)). The division also lists a suspension or revocation in another state as a ground for canceling a Montana license.
The practical point is that an unresolved suspension tends to follow a driver from state to state. Clearing the Montana side, including fees, matters even for someone who never plans to drive here again. Our guide to reinstatement steps explains what Montana requires.
You Cannot Drive Here on the Other License
While a Montana suspension or revocation is in effect, a resident or nonresident may not operate a motor vehicle in Montana under a license, permit, or registration certificate issued by any other jurisdiction (MCA § 61-5-210). Doing so is driving while suspended, with 2 days to 6 months in jail, a fine of up to $2,000, or both when the suspension came from a DUI or a refusal.
It Runs Both Ways for Montana Drivers
A Montana license holder convicted of DUI in another state should expect the same treatment in reverse. The department must suspend when it receives notice of a DUI conviction "from a court or another licensing jurisdiction" (MCA § 61-5-205(2)), and it acts on a refusal reported by another reporting jurisdiction (MCA § 61-8-1032(1)). The division notes that out-of-state convictions appear on the Montana driving record. Out-of-state convictions also count as priors in a later Montana case, which our guide to out-of-state prior DUI convictions explains.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It does not describe the law of any other state, and it is not legal advice about your specific case.