For a Montana teacher, a single DUI is not a listed ground for losing a license, but it is not irrelevant either: the Board of Public Education can act on moral turpitude convictions, immoral conduct, and repeated convictions, and the state reviews criminal history when it issues a license. For a school bus driver the rule is direct. A DUI conviction within the last 36 months is disqualifying. This page walks through each role. It is part of our Montana DUI Guide.
We defend DUI charges. We do not handle teacher licensure proceedings or school employment disputes, and where a question belongs to an education or employment lawyer, this page says so.
The Rules by Role
| Role | What the rules say | Source |
|---|---|---|
| Licensed teacher, specialist, or administrator | The Board of Public Education may reprimand, suspend, or revoke for listed reasons. DUI is not named in the statute or in the rule defining immoral conduct. | MCA § 20-4-110; ARM 10.57.601A |
| Applicant for a first license, or to reinstate one | Fingerprint-based background check. A conviction, including one with a suspended sentence, may be considered if it relates to public health, welfare, and safety as applied to teaching. | ARM 10.57.201A |
| School bus driver | No DUI conviction in the preceding 36 months, and no conviction resulting in a mandatory license suspension or revocation in the previous 5 years. | ARM 10.64.201(1)(f) |
| Other school employees | No state license is involved. The district's policies, contract, and insurer control. | District policy |
Grounds for Disciplining an Educator License
The Board of Public Education may issue a letter of reprimand, or suspend or revoke a teacher, administrator, or specialist certificate, for the reasons listed in MCA § 20-4-110(1). The ones a DUI could be argued under are:
- Subsection (1)(e): "conviction of, entry of a guilty verdict, a plea of guilty, or a plea of no contest to a criminal offense involving moral turpitude."
- Subsection (1)(f): "immoral conduct related to the teaching profession."
The Board has defined immoral conduct by rule (ARM 10.57.601A). The definition lists sexual offenses, offenses against children, the dangerous drug offenses in Title 45, drug paraphernalia, weapons in school buildings, false credentials, and several others. Montana's DUI statutes are in Title 61 and are not on the list. The rule then adds a category that can reach a person with more than one conviction: "repeated convictions for violations of any one or more of the criminal laws of this state ... if the repeated convictions, taken together, demonstrate that the teacher, specialist or administrator is unwilling to conform their conduct to the requirements of law" (ARM 10.57.601A(1)(c)).
The list is introduced with the words "includes, but is not limited to," so it is not a guarantee. And a DUI with a student or a child in the vehicle raises issues well beyond the DUI statute. See DUI with a crash or a child in the car.
How a Discipline Case Starts
A member of the public cannot bring a discipline request to the Board directly. A request can be brought only by the board of trustees of a district that employs, or within the prior 12 months employed, the educator, or by the Superintendent of Public Instruction (MCA § 20-4-110(2); ARM 10.57.601(1)). The Superintendent may act on notice of alleged misconduct from a district or from any other credible source (ARM 10.57.601(2)).
- District reports. If a teacher is terminated or not renewed, or resigns to avoid that, because the trustees have reason to believe the teacher engaged in conduct described in subsection (1)(e) or (1)(f), the trustees must make a written report to the Superintendent (MCA § 20-4-110(3)(a)).
- Notice. The Board must give 30 days' written notice before it considers a reprimand, suspension, or revocation (MCA § 20-4-110(4)).
- Hearing. The Board investigates and, if warranted, holds a hearing at which the educator may defend against the charge (MCA § 20-4-110(5)).
Applying for or Reinstating a License
A person may be certified as a teacher only if "of good moral and professional character" and after a fingerprint-based national criminal history background check (MCA § 20-4-104(1)(b)). Under the Board's rule, the check is required for an initial license and for reinstating a lapsed, surrendered, revoked, or suspended one (ARM 10.57.201A(2)).
The Office of Public Instruction then determines whether the applicant "has been convicted of, or is under pending indictment for, a crime that bears upon the applicant's fitness related to the safety and well-being of children or the teaching profession" (ARM 10.57.201A(8)). A conviction may be considered if it was for a sexual offense, a crime involving violence, the sale of drugs, theft, "or any other offense related to public health, welfare, and safety as it applies to the teaching profession," and that includes a conviction where the sentence was suspended or deferred (ARM 10.57.201A(9)). If the Superintendent denies a license, the applicant may appeal to the Board (MCA § 20-4-110(7)).
For an education student, the practical point is timing. The DUI will be on the fingerprint check, and the application will ask you to explain it. See background checks and job applications.
School Bus Drivers
A school bus driver must be of good moral character and must hold a commercial driver's license for a bus designed to carry more than 10 passengers (MCA § 20-10-103). The Board of Public Education adds a safe driving record requirement, which may not show (ARM 10.64.201(1)(f)):
- more than one moving traffic violation within any 12-month period of the preceding 36 months;
- any conviction for driving under the influence of alcohol or drugs within the preceding 36 months; or
- a conviction resulting in mandatory revocation or suspension of a driver's license in the previous five years.
A Montana DUI conviction triggers a mandatory suspension (MCA § 61-8-1007(6)), so as we read the rule the third item applies to a DUI as well, which makes the practical period five years. The rule also requires "continuing compliance" with the commercial license itself. Under federal regulations a commercial license holder convicted of being under the influence is disqualified from operating a commercial vehicle for one year for a first offense, even when the offense happened in a personal car, and for life for a second (49 CFR § 383.51(b)). Our pages on CDL holders and DUI and CDL disqualification periods cover that side.
Coaches, Aides, and Other School Staff
Paraprofessionals, coaches, custodians, and office staff generally do not hold a license that the Board of Public Education can discipline. For them the question is the district: its policy on reporting arrests, its rules on who may drive students or district vehicles, and what its insurer will accept. Those vary from district to district, and we have not surveyed them. A suspended license is the most immediate issue for anyone whose job includes driving. See license suspension lengths and telling your employer.
What to Do While the Case Is Pending
- Tell your defense attorney that you work for a school and whether you drive students.
- Read your contract and the district's policy on reporting arrests and convictions before deciding what to say and when.
- If you hold a commercial license, raise it immediately. The disqualification rules limit what a plea can fix.
- Keep proof of everything you complete: the assessment, classes, and payment of fines.
This page explains Montana statutes and Board of Public Education rules in general as they read on October 9, 2026. It is not legal advice about your case, your license, or your employment.