In Montana, a deferred sentence and a suspended sentence are two different things. A deferred sentence can end with the charge dismissed. A suspended sentence leaves a conviction in place. A DUI can be suspended in part, but it can never be deferred. This page explains the difference and what it means for a DUI case. It is part of our Montana DUI Guide.
The Two Terms Side by Side
| Question | Deferred imposition of sentence | Suspended sentence |
|---|---|---|
| What the judge does | Postpones imposing any sentence for a set period, on conditions | Imposes a sentence, then suspends carrying out all or part of it, on conditions |
| If you comply | The plea or verdict may be withdrawn or struck and the charge dismissed | The sentence is completed. The conviction stays. |
| If you violate | The judge may impose any sentence that could have been imposed originally | The judge may require you to serve the suspended time, but not more than the original sentence |
| Available for a Montana DUI? | No | Yes, for the part above the mandatory minimum |
| MCA | §§ 46-18-201(1), 46-18-204 | §§ 46-18-201(2), 46-18-203 |
How a Deferred Sentence Works in Other Cases
Under Montana's general sentencing statute, a judge may defer imposition of sentence "except as otherwise specifically provided by statute," for up to 1 year for a misdemeanor, or up to 2 years if a financial obligation is imposed (MCA § 46-18-201(1)(a)). The person lives under conditions during that time.
At the end of the period, for a misdemeanor, the court may allow the plea to be withdrawn or strike the verdict and order the charge dismissed. After dismissal, the records are confidential criminal justice information, available to the public only by district court order (MCA § 46-18-204). That is why people ask for a deferral: it offers a path to a dismissed charge.
Why a DUI Cannot Be Deferred
The phrase "except as otherwise specifically provided by statute" is where the DUI law comes in. MCA § 61-8-1011(4) says: "A court may not defer imposition of sentence under 61-8-1007 or 61-8-1008." Those are the penalty sections for first through third offenses and for felony DUI. The felony section repeats the point in several of its own subsections.
A second statute closes the other door. Pretrial diversion, an agreement to postpone prosecution in exchange for conditions, is not available: "A prosecution for a violation of 61-8-1002 or aggravated driving under the influence as defined in 61-8-1001 may not be deferred" (MCA § 46-16-130(4)).
The result is that a DUI charge in Montana ends in one of a small number of ways: a dismissal or acquittal, a conviction for DUI, or a conviction for some other offense under an amended charge. There is no probation-then-dismissal track for the DUI itself.
What Can Be Suspended on a Misdemeanor DUI
The DUI penalty statute splits the jail term in two.
- The mandatory minimum. It "may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being" (MCA § 61-8-1007(1)(d), (2)(d), (4)(b)). Our page on mandatory jail time lists each minimum.
- The remainder. It "may be suspended for a period of up to 1 year pending the person's successful completion of a chemical dependency treatment program" (§ 61-8-1007(1)(e), (2)(e), (4)(c)).
A DUI court works within the same limit. It may suspend all or part of a jail sentence for a participant, "except for the mandatory minimum imprisonment term" (MCA § 61-8-1031(1)).
The fine is treated separately. The DUI statutes set minimum fines, and a general statute requires a judge to consider ability to pay. See DUI fines and surcharges.
What a Suspended Sentence Requires of You
During the suspended period you are subject to every condition the court imposes, which can include treatment, a DUI court where available, and the 24/7 sobriety program (MCA § 61-8-1007(1)(e)). The judge keeps jurisdiction to impose the suspended time for up to 1 year (MCA § 61-8-1009(10)).
If a violation is alleged, the State files a petition and must prove it at a hearing by a preponderance of the evidence. On revocation, a judge may require you to serve the sentence imposed or any sentence that could have been imposed that is not longer than the original (MCA § 46-18-203(7), (8)). Our pages on DUI probation conditions and probation violations cover both stages.
Felony DUI: Both Rules Apply at Once
A first felony DUI sentence under the corrections option has two pieces that work in opposite ways. The 13-month to 2-year Department of Corrections term "may not be deferred or suspended." The consecutive 5-year prison term that follows "must be suspended" (MCA § 61-8-1008(1)(a)(i), (1)(b)(i)). Under the treatment court option, a person may be entitled to a suspended sentence but is not eligible for a deferred one. See felony DUI.
Why This Changes How a DUI Is Defended
In many misdemeanor cases, a first-time offender can accept responsibility, complete a deferral, and ask for a dismissal. That path does not exist for a DUI. A guilty plea to DUI produces a conviction that affects your license, counts as a prior for at least 10 years, and is not presumed eligible for expungement (MCA § 46-18-1108).
That shifts the weight of the case to the evidence: whether the stop was lawful, how the field sobriety tests were given, and whether the breath or blood result is reliable. Our overview of DUI defenses explains how those issues are examined. What is possible in any one case depends on its facts.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.