Montana DUI Guide

Arrested for DUI in a Rental Car While Visiting Montana

Three things need attention before your flight home: the car, your release conditions, and the court date printed on the citation.

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

If you are arrested for DUI in a rental car while visiting Montana, the criminal case is handled in the Montana court for the place where you were arrested, under the same law that applies to residents. The rental contract is a separate matter between you and the rental company. You can usually go home, but the court date goes with you. This page covers the practical questions a visitor faces in the first days. It is part of our Montana DUI Guide, and it adds to our general page for out-of-state drivers.

The Car and the Rental Agreement

After an arrest the car may have been towed. Because the rental company owns it, the company will learn what happened, and the sooner you call them the fewer storage days pile up. Our page on getting a car out of impound explains the tow yard side.

What you owe the rental company is a contract question. We have not reviewed your agreement and cannot tell you what it says, but three parts are worth reading closely:

Prohibited uses. Rental agreements commonly list driving while impaired by alcohol or drugs. A prohibited use can be a breach of the contract whether or not you are ever convicted.
Damage waivers and protection products. These often do not apply when the car was being used in a prohibited way. If there was a crash, that can decide who pays.
Towing, storage, and loss-of-use charges. These are usually passed to the renter under the agreement's terms.

Your own auto insurer or a credit card benefit may respond differently from the rental company's products. Those are also contract questions. The criminal court does not decide any of them, and a statement you make to an insurer or rental company about the night is not confidential, so talk to your defense lawyer first.

Release, Bail, and Getting Home

Montana law makes nearly every charge bailable, and before trial a court must authorize release on reasonable conditions (MCA §§ 46-9-102 and 46-9-106). Release on your own recognizance is allowed (MCA § 46-9-111). The conditions matter for a traveler. A court may restrict travel, and may prohibit alcohol and require monitoring (MCA § 46-9-108(1)(d) and (1)(i)). If a condition is hard to follow from another state, your lawyer can ask the court to change it. Do not ignore it. Our page on bail and release conditions goes into detail.

Whether you can legally drive is a separate question from whether you can leave. That depends on what happened with the test.

Your License: Did You Refuse the Test?

If you refused a breath, blood, or oral fluid test, the officer is required to take your license and send it to the Motor Vehicle Division. You should have been given a temporary driving permit, which takes effect 12 hours after it is issued and is valid for 5 days, along with written notice of the suspension and of your right to a hearing (MCA § 61-8-1016(4)(c)). You then have 30 days from that notice to file a petition in the district court of the county where you were arrested (MCA § 61-8-1017(1)). That deadline runs while you are back home. Our test refusal page explains it.

If you took the test, the refusal procedure does not apply. For a visitor, Montana's action after a conviction falls on the privilege to drive in Montana, which can be suspended on the same grounds as a Montana license (MCA § 61-5-203(1)).

Handling Court From Another State

A first DUI charge is generally a misdemeanor, and Montana procedure gives a misdemeanor defendant some flexibility:

The defendant may appear by counsel only, although the court may require personal attendance at any time (MCA § 46-16-120).
An arraignment can be held by two-way video if neither side objects and the court agrees (MCA § 46-12-201(4)).
In a misdemeanor case, the verdict may be returned and the sentence imposed without the defendant present (MCA § 46-16-123(1)).

These are permissions, not promises. A judge can order you to be there, and some stages, such as a trial where identity is at issue, may require it. What you cannot do is simply not show up. If a defendant fails to appear, the court may forfeit bail and issue a warrant (MCA §§ 46-9-503 and 46-16-122(2)). A court's report of a failure to appear on a Title 61 misdemeanor also leads to suspension of the driving privilege until the person appears (MCA § 61-5-214). See our page on missed court dates and warrants.

If the Case Ends in a Conviction

A visitor serves the same sentence a resident would, and some parts take planning from a distance:

Assessment and course. Every DUI conviction requires a chemical dependency assessment, and a first conviction generally requires an education course. The statute calls for a program approved by Montana's Department of Public Health and Human Services (MCA § 61-8-1009(1) and (3)). If you want to complete it near home, ask the court in advance whether a program there will be accepted.
Any jail time. A first impairment DUI carries a minimum of 24 consecutive hours (MCA § 61-8-1007(1)(a)(i)). A first per se conviction has no stated minimum. If time must be served, scheduling it is part of the plan.
Your home license. A reported conviction is treated under your home state's law.

Where You Were Arrested Matters

An arrest inside a national park can be a federal matter with its own court and rules. See our page on DUI in national parks. Visitors from other countries have added questions about visas and re-entry. See our page for non-citizens, which also points Canadian visitors to their own page.

This page explains Montana law in general as of the 2025 Montana Code Annotated. Rental and insurance contracts differ, and we have not reviewed yours. It is not legal advice about your specific case.

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FAQ

Arrested for DUI in a Rental Car While Visiting Montana FAQ

Can I leave Montana after a DUI arrest?

Usually yes, once you are released, unless a release condition says otherwise. A court can set conditions that restrict travel (MCA § 46-9-108(1)(d)), so read your release paperwork before you go. Leaving does not cancel the court date on your citation. You or your lawyer still have to deal with it.

Do I have to come back to Montana for court?

Not always. In a misdemeanor case the defendant may appear by counsel only, though the court may require personal attendance at any time (MCA § 46-16-120). Some hearings can also be held by video if the court and both sides agree. Each judge decides what to allow, so ask before you assume. See our page on appearing from out of state.

Will the rental company charge me for the tow or for damage?

That depends on your rental agreement, which is a contract matter and not part of the criminal case. Rental agreements commonly list driving while impaired as a prohibited use, and a prohibited use can affect a damage waiver or other protection you bought. Read the agreement and any coverage from your own insurer or credit card.

Can Montana take the rental car through forfeiture?

The vehicle forfeiture option in Montana's DUI law applies on a second or later conviction and reaches motor vehicles owned by the person at the time of the offense (MCA § 61-8-1010(2)(c)). A rental car belongs to the rental company. A tow and storage after an arrest is a different thing, covered on our page about getting a car out of impound.

Will my home state find out?

It can. Montana is a party to the Driver License Compact, under which a conviction of a driver from another party state is reported to that state's licensing authority (MCA § 61-5-401, Art. III). What your state does next depends on its own law. See our out-of-state driver page.

Arrested on a Trip to Western Montana?

Call before you fly home if you can, and bring the citation. Call 406-830-3060 for a confidential consultation.

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