Montana law requires proof of financial responsibility, the filing commonly called an SR-22, when the Motor Vehicle Division revokes a license. A misdemeanor DUI conviction and a test refusal lead to a suspension instead, so the statute does not on its face require the filing after a first, second, or third DUI. It does apply after a felony DUI and after a habitual traffic offender declaration. This page explains the distinction and what remains unsettled. It is part of our Montana DUI Guide.
What an SR-22 Is Under Montana Law
You will not find "SR-22" anywhere in the Montana Code Annotated. It is the name commonly used for the insurer's certificate. The code speaks of proof of financial responsibility, which may be furnished by filing with the department the written certificate of an insurance carrier authorized to do business in Montana, certifying that a motor vehicle liability policy is in effect for the person required to furnish proof (MCA § 61-6-133).
The policy behind the certificate has to carry at least Montana's minimum limits: $25,000 for bodily injury to or death of one person, $50,000 for two or more persons, and $20,000 for property damage in any one accident (MCA § 61-6-103(1)(b)). A certificate is the usual method, but the code also allows a bond, a deposit of money or securities, or a certificate of self-insurance (MCA § 61-6-132(1)).
The Statute Ties the Filing to Revocation
The trigger is in one sentence. Whenever the department, under any of the laws of this state, revokes the license or privilege to drive of any person, the license must remain revoked and may not be restored until the person is otherwise eligible and files a certificate of insurance (MCA § 61-6-131(1)). A second subsection bars a probationary license for a person whose license is revoked unless the department has that proof (MCA § 61-6-131(2)).
Revocation and suspension are different things in the code. A suspension is a temporary withdrawal of the license. A revocation terminates it, and a new application is needed after the period ends (MCA § 61-1-101). The DUI statutes use the two words deliberately, and that is what decides this question.
Which DUI Outcomes Are Revocations
| Event | License action | Proof of financial responsibility | MCA |
|---|---|---|---|
| First, second, or third DUI conviction | Suspension | Not required by the words of § 61-6-131, which applies when the department revokes. Confirm with the Motor Vehicle Division. | § 61-5-205(2)(a), § 61-5-208 |
| Test refusal | Suspension | Same as above. | § 61-8-1032 |
| Felony DUI (fourth or later) | 1-year revocation | Yes. The license may not be restored until the certificate is filed. | § 61-5-205(1)(b), § 61-6-131(1) |
| Habitual traffic offender (30 points in 3 years) | 3-year revocation | Yes. Proof must be filed and maintained for 3 years. | § 61-11-211, § 61-11-212(3) |
| Negligent homicide with a vehicle, or negligent vehicular assault | 1-year revocation | Yes. | § 61-5-205(1)(a), (f), § 61-6-131(1) |
The felony row rests on the department's duty to revoke, for 1 year, the license of a person convicted of any felony in the commission of which a motor vehicle is used. The Motor Vehicle Division's published revocation table lists fourth-offense DUI under that rule. The habitual offender row is the one that catches people with misdemeanor cases: a DUI is 10 points and driving while suspended is 6, and 30 points in 3 years is a revocation. See habitual traffic offender points.
What Is Unsettled After a Misdemeanor DUI
Many insurance and SR-22 marketing sites state flatly that Montana requires an SR-22 for three years after any DUI. We have not found a Montana statute that says so. The department suspends, rather than revokes, on a conviction under the DUI statute (MCA § 61-5-205(2)(a)), and § 61-6-131 speaks only of revocation. The Motor Vehicle Division's public page on suspensions, revocations, and reinstatements does not mention an SR-22 or proof of financial responsibility for DUI suspensions.
Here is what we cannot tell you from the statute books: whether the division, in practice, asks a particular driver for an insurance filing before reinstating after a misdemeanor DUI. The reliable way to know is to look at the reinstatement requirements the division lists for your own record, through its online services or by calling it, before you buy anything. Two related points are clear:
- Ordinary insurance is always required. It is unlawful to operate a motor vehicle on ways open to the public without a liability policy in at least the minimum amounts (MCA § 61-6-301(2)).
- The 24/7 route asks for proof of insurance. A person who gets an early probationary license through the 24/7 program must first obtain proof of insurance under § 61-6-301 (MCA § 44-4-1205(1)(b)). That section refers to the ordinary insurance requirement, not to the financial responsibility filing.
How Long the Filing Lasts When It Applies
The "three years" that websites quote comes from the waiver rule. The department must waive the requirement at any time after 3 years from the date the proof was required, when during the 3 years before the request it has received no record of a conviction or bail forfeiture that would require or permit a suspension or revocation (MCA § 61-6-142(1)(a)). Note the starting point. It is the date the proof was required, not the date of the arrest. A habitual traffic offender must file and maintain proof for 3 years before being licensed again (MCA § 61-11-212(3)).
If the insurer cancels a certified policy, it must first file notice with the department, and the cancellation is not effective for at least 10 days after that filing (MCA § 61-6-135). While a person is required to file proof, a vehicle may not be registered in that person's name unless proof is furnished for it (MCA § 61-6-132(2)).
Moving, Out-of-State Licenses, and Other States' Rules
Everything above is Montana law. If you hold a license from another state, or you move and apply for one, that state applies its own rules, which may include a filing requirement of its own. A nonresident who must give proof in Montana can do it with a certificate from an insurer authorized in the state where the vehicle is registered, on conditions set out in MCA § 61-6-134. Our guide to out-of-state licenses and the Driver License Compact explains how a Montana conviction travels.
Before You Buy a Policy
A filing you do not need costs money, and a filing you need but skipped keeps the license from being restored. Find out first whether your case ended in a suspension or a revocation, then check what the division lists for your record. Our reinstatement steps guide covers the rest of the sequence, and the cost of a DUI puts insurance in context.
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 is not insurance advice.