If you violate a condition of a suspended DUI sentence in Montana, the prosecutor can file a petition to revoke. You then have a right to a hearing, where the State has to prove the violation, and the judge chooses among several outcomes. Jail is possible, but it is not the only result. This page walks through the process in MCA § 46-18-203 and the rules specific to DUI. It is part of our Montana DUI Guide.
What a Petition to Revoke Is
A suspended sentence is jail time the court imposed but did not make you serve. Our page on DUI probation conditions explains what that period looks like. A petition for revocation asks the court to take the suspension back.
- It must show probable cause that you violated a condition of the sentence. On that showing the judge may order a hearing, and may issue an arrest warrant (§ 46-18-203(1)).
- It must be filed in time: before or during the period of suspension, "but not after the period has expired." If the period runs out after filing, the court can still rule (§ 46-18-203(2)).
- The order to appear must be served on you personally, with a copy of the petition.
Your Rights and the State's Burden at the Hearing
If you are arrested, you must be brought before the judge without unnecessary delay and no more than 60 days after arrest. At least 10 days before the hearing, you must be advised of (§ 46-18-203(5)):
- the allegations in the petition;
- the opportunity to appear and present evidence on your own behalf;
- the opportunity to question adverse witnesses; and
- the right to be represented by counsel.
A hearing is required before a suspended sentence can be revoked or its conditions changed, unless you admit the allegations and waive the hearing, or the change is favorable to you and the prosecutor does not object (§ 46-18-203(6)). An extension of probation does not count as favorable.
The prosecution must prove "by a preponderance of the evidence" that you violated the terms and conditions of the suspended sentence (§ 46-18-203(7)(a)). That means more likely than not. It is a lower standard than proof beyond a reasonable doubt, and there is no jury.
The lower standard is one reason the facts matter. Whether a test was properly administered, whether you were told of a schedule change, whether a class was missed for a documented reason, and whether a payment default was willful are all things that can be shown at a hearing.
A new DUI arrest while on probation creates two cases at once: the new charge, which must be proved beyond a reasonable doubt, and the revocation, which needs only a preponderance. They can move on different schedules and in different courts, and what you say in one can be used in the other. Our pages on a DUI while on probation or parole and a second DUI while the first is pending cover those situations.
What the Judge Can Do
| Outcome | What it means | MCA |
|---|---|---|
| Petition dismissed | If the prosecution does not prove a violation, the petition must be dismissed and a person in custody released. | § 46-18-203(9) |
| Sentence continued | The judge may continue the suspended sentence without changing the conditions. | § 46-18-203(8)(a)(i) |
| Conditions modified or added | The judge may continue the suspended sentence with modified or additional terms. | § 46-18-203(8)(a)(ii) |
| Suspension revoked | The judge may require the person to serve the sentence imposed, or any sentence that could have been imposed that is not longer than the original. | § 46-18-203(8)(a)(iii) |
For a misdemeanor DUI, revocation usually means some or all of the suspended jail days. The DUI statute says the same thing in its own words: on a violation of a condition or treatment requirement, the court "may impose the remainder of any imprisonment term that was imposed and suspended" (MCA § 61-8-1007(1)(e)(iii)). A sentence imposed on revocation runs consecutively to any other existing sentence unless the original ran concurrently (§ 46-18-203(8)(a)(iii)).
When the DUI Statutes Say "Shall Revoke"
Most revocation decisions are discretionary. Two DUI provisions are written differently.
- Post-treatment monitoring. On a second or later conviction, treatment is followed by at least 1 year of monthly monitoring. If a person fails to comply, the court "shall revoke the suspended sentence, if any, impose any remaining portion of the suspended sentence," and may add up to 1 more year of monitoring (MCA § 61-8-1009(9)(b)).
- DUI court. If a person in a DUI court fails to comply with its conditions, the court "shall revoke the suspended imprisonment sentence" (MCA § 61-8-1031(2)). See DUI treatment courts.
Both still require that the failure be established. Whether there was a failure to comply is the question to examine first.
Money Violations Are Treated Differently
A default on a fine cannot support revocation unless it reflects an intentional refusal to obey the court or a failure to make a good faith effort to pay (MCA § 46-18-233(2)). When unpaid restitution is the basis, you may excuse the violation by showing that the failure was not due to a lack of good faith effort to obtain the means to pay (§ 46-18-203(7)(b)). A license may not be suspended for nonpayment of fines, costs, or restitution (MCA § 46-18-201(6)(b)). Our page on DUI fines and surcharges covers payment schedules.
Felony DUI: Probation Officers and Intervention Hearings
A person on felony DUI probation is supervised by a Department of Corrections probation and parole officer, and extra steps apply.
- Arrest and hold. An officer may arrest a probationer without a warrant and may authorize a detention center to hold the person without bail for 72 hours. Within that time the officer must release the person, hold an intervention hearing, or arrange an appearance before a magistrate to set bail (MCA § 46-23-1012).
- Intervention hearing. A hearings officer may respond to a violation without a formal revocation, including up to 30 days in detention, or a recommendation of electronic monitoring or a community program for up to 90 days (MCA § 46-23-1015(3)).
- Compliance violations. The law separates technical violations from a new offense, absconding, and a few other serious categories (MCA § 46-18-203(11)). A referral for formal revocation on a technical violation generally follows after other responses have been exhausted (§ 46-23-1015(3)(d)).
A judge who finds a violation may also continue the suspended sentence with placement, for up to 9 months, in a secure facility or a community corrections program designated by the department (§ 46-18-203(8)(a)(ii)).
What to Do if You Receive a Petition
- Do not miss the hearing date. A failure to appear makes everything harder.
- Keep complying with every condition, including testing and treatment, while the petition is pending.
- Gather records: testing logs, attendance sheets, pay stubs, medical notes, and anything that explains the alleged violation.
- Talk to a lawyer before you talk to the prosecutor or the court about what happened.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.