Montana DUI Laws: 2025 DUI Charges Guide

Getting Started

Mothers Against Drunk Driving (MADD) rates Montana as one of the worst states for penalizing drunk drivers. Nonetheless, getting charged with a DUI in Montana may be overwhelming, as you’ll need to navigate both administrative and criminal proceedings. This guide provides general information about Montana’s DUI laws, penalties, and requirements, but it’s not legal advice.

Definitions to Know

Montana Motor Vehicle Division (MVD)

The Montana Motor Vehicle Division is the state agency responsible for administrative license suspensions, reinstatements, and monitoring IID compliance.

Steps to Take After DUI Arrest in Montana

1. Hire an Attorney

   Legal counsel can help navigate both administrative and criminal processes, potentially reducing penalties.

2. License Suspension

   Your license will be suspended automatically if you fail or refuse a breath test, but you have the right to challenge this.

3. Request an Administrative Hearing

   You must request a hearing with the MVD within 30 days of arrest to contest the administrative license suspension.

4. Apply for a Probationary License

   If eligible, you may apply for limited driving privileges after serving a portion of your suspension period.

5. Install an IID

   Required for certain offenses and mandatory for drivers with repeat convictions to regain driving privileges.
   Explore IIDs

6. File an SR-22 Form

   Proof of insurance-related financial responsibility is typically required for license reinstatement after a DUI.

7. Complete Substance Abuse Evaluation

   You’ll need to be assessed and complete any recommended treatment programs.

8. Pay Fines and Fees

   Court fines, reinstatement fees, and other costs must be paid before your license can be reinstated.

9. Complete DUI Education Program

   Montana requires completion of an approved chemical dependency education course.

10. Attend Court Proceedings

    Your criminal case will proceed separately from the administrative license suspension process.

11. Probation

    Conditions typically include regular check-ins and abstaining from alcohol or drugs.

12. Avoid Further Violations

    Additional offenses during probation or suspension can result in severe penalties, including jail time.

DUI Laws in Montana

In Montana, driving under the influence laws are designed to keep roads safe while providing clear consequences for those who drive impaired. Understanding these laws can help you make informed decisions and know what to expect if charged.

What Are the Legal Driving Alcohol Limits in Montana?

In Montana, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The law sets specific blood alcohol concentration (BAC) limits based on your age and license type.

Felony vs Misdemeanor DUI Charges

In Montana, DUI charges can be classified as either misdemeanors or felonies, depending on prior convictions and circumstances of the offense.

A DUI is generally a misdemeanor for the first, second, and third offenses within a ten-year period. However, a fourth or subsequent DUI offense becomes a felony. Additionally, any DUI that causes serious bodily injury or death can be charged as a felony regardless of prior history.

Misdemeanor penalties include jail time up to one year, fines up to $5,000, and license suspension. Felony penalties are much more severe, including prison time up to five years, fines up to $10,000, and lengthy license revocations.

What Are Drunk Driving Diversion Programs in Montana?

Montana does not offer traditional diversion programs. However, the state does have a DUI Treatment Court program in some jurisdictions for drivers with multiple convictions. These specialized courts focus on treatment and rehabilitation rather than just punishment, but participation doesn’t eliminate the conviction from your record.

Refusing a Chemical Test Under Montana DUI Law

Montana has an implied consent law, so if you drive on Montana roads you consent to chemical testing if arrested for suspicion of DUI. Refusing a breath or blood test will result in an automatic license suspension, separate from any criminal penalties.

DUI Penalties & Consequences

Montana’s DUI penalties become increasingly severe with each conviction, designed to discourage repeat offenses and protect public safety.

Aggravating Factors That Increase Montana DUI Penalties

In Montana, certain circumstances can significantly increase the penalties for DUI offenses:

• Refusing Chemical Testing: Test refusal can be used against you in court and results in longer administrative suspensions.
• High BAC Levels: A BAC of 0.16% or higher results in enhanced penalties.
• Child Passengers: Having a passenger under 16 in the vehicle adds additional charges and penalties.
• Causing Injury or Death: DUIs resulting in injury or death can be charged as vehicular assault or homicide.
• Driving on a Suspended License: Driving while already suspended adds additional charges.

Driving Without a Valid License

Driving while your license is suspended due to a DUI is a serious offense in Montana. If caught, you face additional criminal charges, extension of your suspension period, potential jail time, and substantial fines. Additionally, your vehicle could be impounded, and any probationary license eligibility may be revoked. Insurance rates will also likely increase further, making this a costly and risky decision that compounds your existing legal troubles.

License Suspension

License suspension is one of the most immediate consequences of a DUI arrest in Montana. Understanding how these suspensions work and the process to restore your driving privileges is essential.

Who Determines if You Can Continue Driving After a DUI 

In Montana, two separate entities determine your driving privileges after a DUI:

The Motor Vehicle Division (MVD) handles administrative license suspensions based on failed or refused breath tests. This process is separate from your criminal case and occurs automatically if you don’t request a hearing within 30 days of arrest.

The courts impose additional suspensions or revocations as part of the criminal sentencing if you’re convicted of DUI. The court can order different suspension periods and conditions than the MVD administrative process.

How Long Will Your License Be Suspended?

Getting your license suspended in Montana means you are no longer allowed to drive a vehicle, unless you obtain a probationary license. Montana increases DUI penalties based on the number of prior offenses within the 10 years preceding your most recent violation (look-back period). Here’s how long your regular license may be suspended for a DUI in Montana:

Steps to Reinstate Your License

To reinstate your driving privileges after a DUI suspension in Montana:

1. Serve the full suspension period.
2. Pay reinstatement fees (typically $200-$300).
3. Provide proof of financial responsibility (SR-22) from your insurance company, if required.
4. Complete required chemical dependency assessment and education programs.
5. Install an IID if mandated (required for repeat offenders).
6. Pass any required driver’s license exams.

How to Apply for Temporary Restricted Driver’s License

To obtain a probationary license in Montana:

1. Install an IID on your vehicle(s) if required for your offense level.
2. Submit an SR-22 form as proof of insurance financial responsibility, if required.
3. Complete a chemical dependency assessment and follow treatment recommendations.
4. Pay the probationary license fee (approximately $200).
5. Submit an application form to the MVD with documentation of need (such as employment verification).
6. Agree to only drive to approved locations during specified hours.

Montana Ignition Interlock Device (IID) Requirements

Ignition interlock devices are mandatory for repeat DUI offenses in Montana and may be required for first-time offenses at the court’s discretion. These devices prevent your vehicle from starting if alcohol is detected on your breath.

Montana’s IID program requires:

• Installation in all vehicles you operate (with some limited exceptions)
• Regular calibration and monitoring
• All costs paid by the driver (approximately $70-100 monthly per vehicle)
• Proof of installation filed with the MVD
• Minimum usage periods ranging from 6 months for first offenses to the entire license revocation period for drivers with repeat convictions

Any attempts to circumvent the device or failed tests can result in extended requirements or additional penalties.

Selecting the right ignition interlock provider can make a world of difference.

Find an Interlock Provider Near You

SR-22 Insurance Requirements

After a DUI in Montana, you will likely be required to file an SR-22 certificate, which is a form your insurance company submits to verify you maintain the state’s minimum liability coverage. This requirement typically lasts for three years from the reinstatement of your license.

Key points about Montana SR-22 requirements:

• Your insurance rates will likely increase substantially
• The SR-22 must be maintained without any lapses
• Any cancellation or lapse will result in immediate license suspension
• If you move to another state, you still need to maintain your Montana SR-22 for the required period

Let us help connect you to the right licensed insurance specialist for you.

Explore SR-22 Insurance Requirements

Substance Abuse Evaluation and Treatment

Montana requires all drivers with a DUI to complete a chemical dependency assessment and follow treatment recommendations. The process includes:

• Assessment by a state-approved evaluator
• Participation in the recommended education or treatment program
• Completion of the ACT (Assessment, Course, Treatment) program
• Documentation of completion submitted to the court and MVD
• Costs ranging from $200-$1,000 depending on the level of treatment required

The required level of treatment increases with multiple offenses, ranging from education classes for first-time offenses to intensive outpatient or inpatient treatment for drivers with repeat convictions.

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About DUIs in Montana

Sources

1. Montana Code Annotated. (2023). Driving under influence of alcohol or drugs. https://archive.legmt.gov/bills/mca/title_0610/chapter_0080/part_0100/section_0070/0610-0080-0100-0070.html
2. Montana Motor Vehicle Division. (2023). Suspensions and revocations. https://mvdmt.gov/suspensions-revocations/
3. FindLaw. (2023). What are the Montana DUI laws. https://www.findlaw.com/state/montana-law/what-are-the-montana-dui-laws.html
4. National College for DUI Defense. (2023). Montana DUI laws. https://www.ncdd.com/montana-dui-laws
5. Montana Department of Justice. (2023). Montana DUI quick reference manual. https://dojmt.gov/wp-content/uploads/MT-DUI-Quick-Reference-Manual-v1.1.pdf
6. Montana Department of Transportation. (2023). Vision Zero – DUI Act. https://www.mdt.mt.gov/visionzero/plans/act.aspx
7. Montana Code Annotated. (2023). Ignition interlock device requirements. https://archive.legmt.gov/bills/mca/title_0610/chapter_0080/part_0100/section_0240/0610-0080-0100-0240.html
8. Montana Department of Public Health and Human Services. (2023). DUI education. https://dphhs.mt.gov/BHDD/Prevention/DUIEducation