At arraignment on a Montana DUI you can plead guilty, plead not guilty, or ask for time. A not guilty plea keeps every option open, including a later guilty plea. A guilty plea ends the case with a conviction and is hard to undo. Which is right for you depends on facts this page cannot know, so what follows explains what each plea does under the statutes. It is part of our Montana DUI Guide.
The Three Pleas
| Plea | What it does | Conditions |
|---|---|---|
| Not guilty | You require the State to prove the charge. The case moves to the pretrial stage. | No one's consent is needed. It can be changed to guilty later. |
| Guilty | You admit the offense and waive a trial. The court proceeds to sentencing. | The court must first confirm the plea is voluntary and that you understand the penalties and rights (MCA §§ 46-12-204(2), 46-12-210). |
| Nolo contendere (no contest) | You do not contest the charge. A judgment entered on it is a conviction. | Requires the consent of the court and the prosecutor (MCA § 46-12-204(1)). |
If a defendant refuses to plead, the court enters a plea of not guilty (MCA § 46-12-204(1)). Our page on the arraignment describes the hearing where the question is asked.
What a Guilty Plea Sets in Motion
Before accepting a guilty or no contest plea, the court must determine that you understand the nature of the charge, any mandatory minimum penalty, the maximum penalty, your right to counsel, your right to a jury trial and to confront witnesses, and that there will be no further trial of any kind (MCA § 46-12-210(1)). For a misdemeanor that results in incarceration, the court must also find a factual basis for the plea (MCA § 46-12-212(1)). Once the plea is accepted, several things follow by statute:
- A conviction that cannot be deferred. A court may not defer imposition of sentence for a DUI (MCA § 61-8-1011(4)).
- The statutory sentence. For a first impairment DUI that means at least 24 consecutive hours in jail and a fine of $600 to $1,000 (MCA § 61-8-1007(1)(a)(i)). See first-offense penalties.
- A license suspension. The Motor Vehicle Division suspends the license on receiving the report of conviction, and the period commences from the date of conviction (MCA § 61-5-208(2)(b), (3)(a)).
- A countable prior. The conviction can be used to enhance any later DUI under the lookback rules (MCA § 61-8-1011(1)). See how long a DUI stays on your record.
- Limited review. In a justice's court, city court, or other court of limited jurisdiction, a guilty or no contest plea waives the right of trial de novo in district court, and you must be told so before the plea is accepted (MCA § 46-17-203(2)(a)).
If you are not a United States citizen, the court must also confirm you understand that a guilty or no contest plea might result in deportation, exclusion from admission, or denial of naturalization (MCA § 46-12-210(1)(f)). That is a question for an immigration lawyer before any plea, and it is not an area our firm handles.
No Contest Is Not a Workaround
People ask about nolo contendere because they have heard it avoids a conviction. In Montana it does not. The criminal procedure code defines a conviction as a judgment or sentence entered on a guilty or nolo contendere plea or on a verdict (MCA § 46-1-202). The criminal code's definition is to the same effect (MCA § 45-2-101), and the DUI statute counts a final conviction under that definition as a prior (MCA § 61-8-1011(1)(a)(i)). The advisements, the sentence range, and the license suspension are the same as for a guilty plea.
A no contest plea also needs two consents, the court's and the prosecutor's (MCA § 46-12-204(1)). The statute forbids the plea outright only in cases involving certain sexual offenses (MCA § 46-12-204(4)), so it is legally available in a DUI case. Whether a given court and prosecutor will agree to it is a matter of local practice. The statute also allows a defendant who is unwilling to admit an element to plead guilty with the court's consent, or no contest with the consent of the court and prosecutor, if the defendant considers the plea to be in the defendant's best interest and the court finds a factual basis (MCA § 46-12-212(2)).
Why Not Guilty Is the Usual First Plea
A not guilty plea at arraignment is not a claim that nothing happened, and judges do not treat it as one. It is how the system gives the defense time to look at the evidence. After the plea your attorney can obtain the reports, the video, and the testing records, and can evaluate the stop, the arrest, and the test. Our pages on DUI defenses and discovery and evidence explain what that review looks for.
If you want more time before entering any plea, ask. The court must allow a reasonable time, not less than 1 day (MCA § 46-12-203).
Changing a Not Guilty Plea Later
A not guilty plea is not permanent. Before or during trial, a plea of guilty must be accepted when it is entered in open court and the court has informed the defendant of the consequences and the maximum penalty (MCA § 46-16-105(1)). Most changes of plea happen under a plea agreement. The prosecutor may agree to move to dismiss other charges, agree that a specific sentence is appropriate, or make a sentencing recommendation (MCA § 46-12-211(1)). The differences matter:
- If the court rejects an agreement to dismiss charges or to a specific sentence, it must give you an opportunity to withdraw the plea (MCA § 46-12-211(4)).
- If the agreement is only a recommendation and the court does not follow it, you have no right to withdraw the plea, and the court must tell you so (MCA § 46-12-211(2)).
With the court's approval and the prosecutor's consent, a defendant may also plead guilty while reserving the right to appeal an adverse ruling on a specified pretrial motion, such as a motion to suppress (MCA § 46-12-204(3)). See plea agreements.
Withdrawing a Guilty Plea Is Harder
The reverse direction is narrow. A court may permit a guilty or no contest plea to be withdrawn for good cause shown, at any time before judgment or within 1 year after the judgment becomes final (MCA § 46-16-105(2)). It is permission, not a right. In a court of limited jurisdiction, a defendant who claims the plea was not entered voluntarily may move to withdraw it, and if the motion is denied may appeal that denial to the district court within 90 days (MCA § 46-17-203(2)(b)).
The practical point is the asymmetry. A not guilty plea today costs you nothing you cannot get back. A guilty plea today may not be reversible.
Questions to Settle Before Any Guilty Plea
- Which subsection am I pleading to, and what is the minimum sentence for it?
- Is this a first offense for sentencing purposes, or does a prior count?
- What happens to my license, and will the court recommend a probationary license?
- Has anyone on my side reviewed the stop, the arrest, and the test?
- Does the plea affect a professional license, a commercial license, or immigration status?
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case, and it does not predict how any court will rule or sentence.