Montana DUI Guide

Do You Have to Tell Your Employer About a DUI Arrest?

For most jobs, no statute requires it. For some jobs a rule requires it within days. Here is how to tell which group you are in.

Written by

Misty Gaubatz, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawReviewed by Ashley HurlbertLast reviewed: October 9, 2026

Key Takeaways: Do You Have to Tell Your Employer About a DUI Arrest?

Montana's DUI statutes do not require a person to report an arrest to an employer. A duty, if you have one, comes from your contract, handbook, or a regulation.
A commercial driver must notify the employer of a license suspension before the end of the next business day (49 CFR 383.33).
A commercial driver must report a traffic conviction, in any type of vehicle, in writing within 30 days (49 CFR 383.31).
An arrest is not a conviction, but initial arrest records and court records are public in Montana (MCA §§ 44-5-103, 44-5-301).
If your job requires driving, the license consequences will usually force the conversation.
Whether an employer may discipline or discharge you is an employment law question, which our firm does not handle.

In most jobs, no Montana law requires you to tell your employer that you were arrested for DUI. Nothing in the state's DUI statutes creates such a duty. A duty arises in three situations: your employment contract or handbook requires it, you drive commercially, or you hold a license or certificate whose regulator requires a report. This page is part of our Montana DUI Guide. It explains the DUI side of the question. Workplace discipline is employment law, which our firm does not handle.

Who Has a Duty to Report

Who	What must be reported	Source
Most employees	No duty in Montana's DUI statutes. A duty can come from your contract, handbook, or job requirements.	Check your own documents
Commercial driver: license suspended, revoked, or disqualified	Notify your employer before the end of the business day after you receive notice.	49 CFR 383.33
Commercial driver: convicted of a traffic violation in any vehicle	Notify your employer in writing within 30 days after the conviction.	49 CFR 383.31
Pilot	Written report to the FAA, not the employer, within 60 days of a motor vehicle action.	14 CFR 61.15(e)
Licensed professional	Reporting is to the licensing board, under that board's rules.	Varies by board

Start With Your Own Paperwork

Before deciding anything, read what you agreed to. Look at your offer letter or contract, the employee handbook, any policy on driving company vehicles, and any form you signed for the company's insurer. Some employers require notice of any arrest. Others require notice only of a conviction, or only of a change in your driver's license status. Government, healthcare, school, and transportation employers are the most likely to have a written rule.

If a written policy requires notice and you say nothing, the failure to report can become the problem, separate from the DUI. If no policy requires it and your job does not involve driving, disclosure is a judgment call.

Commercial Drivers: Federal Deadlines

Commercial drivers have the clearest and shortest deadlines, and they come from federal regulations.

Suspension. An employee whose driver's license is suspended, revoked, or canceled, or who is disqualified from operating a commercial motor vehicle for any period, must notify the current employer before the end of the business day following the day the employee received notice (49 CFR 383.33).
Conviction. A commercial license holder convicted of violating a state or local traffic law, other than parking, in any type of motor vehicle must notify the current employer in writing within 30 days after the conviction (49 CFR 383.31).

In a Montana DUI the suspension can come first. If a commercial license holder refuses a test, the Motor Vehicle Division suspends the commercial license for 1 year on a first refusal, in addition to the action against noncommercial driving privileges (MCA § 61-8-1032(4)(b)). A DUI conviction in any vehicle is a major offense that brings a 1-year commercial suspension for a first offense (MCA § 61-8-802). Our pages on CDL DUI and CDL disqualification periods go into detail.

Licensed Professionals and Pilots

For licensed occupations the report usually goes to the regulator, not the employer, though an employer may separately require you to keep it informed about your license.

Pilots. A certificate holder must send the FAA a written report of each motor vehicle action not later than 60 days after it. A motor vehicle action includes a conviction for operating a motor vehicle while intoxicated, impaired, or under the influence, and a license suspension or revocation for a cause related to that kind of driving (14 CFR 61.15(c), (e)). See pilots and FAA reporting.
Nurses, teachers, and other licensees. Each board has its own rules on what must be reported and when. Check your board's rules before the case is resolved. See nurses and healthcare licenses and jobs, licenses, and gun rights.

We defend the DUI charge. We do not represent people before licensing boards. If your license is at risk, you may need a licensing lawyer as well, and the two should coordinate, because the exact conviction and its timing matter to both.

What Your Employer Can Find Out Anyway

An arrest is not confidential in Montana. Public criminal justice information includes court records and proceedings, initial arrest records including booking photographs, bail records, and daily jail occupancy rosters (MCA § 44-5-103), and there are no restrictions on the dissemination of public criminal justice information (MCA § 44-5-301(1)).

That does not mean your employer will find out. It means you should decide what to do on the assumption that they could. An arrest is also an accusation only. If you do speak to your employer, it is accurate to say that you have been charged, that the case is pending, and that you are addressing it.

When the Job Requires Driving

If you drive for work, the license is the issue, more than the arrest. Three points decide how soon it comes up:

Refusal. A refusal suspension begins within days and allows no probationary license (MCA § 61-8-1032(2)(f)). You may not be able to do the job at all for a period.
Conviction. A first-offense conviction brings a 6-month suspension (MCA § 61-5-208(2)(b)(i)), and the court can recommend a probationary license. See driving to work during a suspension.
The employer's insurer. Companies that insure employee drivers often review driving records, and the insurer's rules, not the law, may decide whether you can drive a company vehicle.

Do not drive for work on a suspended license to avoid the conversation. That is a separate offense with mandatory consequences of its own.

If You Decide to Tell Them

Talk to your defense lawyer first. What you say at work is not privileged.
Keep it short and factual. You were charged, the case is pending, and here is how it affects your ability to do the job, if it does.
Do not describe the night. How much you drank and what you told the officer belong with your lawyer.
Put required notices in writing and keep a copy, especially if a regulation sets the deadline.
Raise scheduling early. Court dates, testing times, and any jail sentence will require time away.

If your employer responds with discipline or termination, that is the point to consult an employment lawyer. Montana's Wrongful Discharge From Employment Act sets out when a discharge is wrongful (MCA § 39-2-904), and whether it helps you depends on facts outside the DUI case.

This page explains the law in general as of the 2025 Montana Code Annotated and the federal regulations cited. It is not legal advice about your specific case, and it is not employment law advice.

Montana DUI Guide DUI Defense First 24 Hours After an Arrest: A Checklist Bail & Release Conditions Getting Your Car Out of Impound The Temporary Driving Permit

FAQ

Do You Have to Tell Your Employer About a DUI Arrest? FAQ

Can my employer find out about my DUI arrest if I do not tell them?

Yes. In Montana, initial arrest records, bail records, daily jail rosters, and court records are public criminal justice information, and there are no restrictions on their dissemination (MCA §§ 44-5-103, 44-5-301). Local news and background checks draw on those records. See background checks and job applications.

Can I be fired for a DUI in Montana?

That is an employment law question, and the answer depends on your job, your employer's written policies, and whether you are past the probationary period. Montana's Wrongful Discharge From Employment Act makes a discharge wrongful in listed circumstances, including when it was not for good cause after the probationary period (MCA § 39-2-904). We do not practice employment law. An employment lawyer can tell you where you stand.

Do I have to tell my employer about a DUI arrest if I have a CDL?

An arrest by itself is not what the federal rules key on. A suspension, revocation, or disqualification must be reported to your employer before the end of the business day following the day you received notice of it, and a conviction must be reported in writing within 30 days (49 CFR 383.33, 383.31). A test refusal brings a suspension, so the first deadline can arrive long before any conviction. See our CDL DUI page.

Should I tell my employer before the case is over?

It depends on whether you have a duty to, whether the job involves driving, and how likely they are to learn of it anyway. Many people choose to tell a supervisor briefly and factually. Talk to your defense lawyer first about what to say, because statements about the facts of the arrest can be used in the criminal case.

Do I have to report a DUI on a job application?

Read the question carefully. Some ask about convictions, some about arrests or pending charges. A pending charge is not a conviction. Answer the question that is asked, truthfully. Our page on background checks and job applications goes further.

Worried About Your Job?

How the DUI case is resolved affects your license and your record, and those drive most of the work consequences. Call 406-830-3060 for a confidential consultation.

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