DUI License Suspension in Montana

Conviction for DUI in Montana has a number of ancillary consequences that most people aren’t aware of. One of the most significant is the automatic suspension of a driver’s license. Under section 61-5-208(2)(b)(i) of the Montana Code Annotated, a person convicted of a first offense of DUI or DUI per se shall have his or her license suspended for a period of six months. A person convicted for the second time within five years will have his or her license suspended for one year, and can not be granted a probationary license until 45 days of the 1 year suspension have passed. Also, the judge must recommend that the offender be issued a probationary license (however, it will be necessary that an ignition interlock device be installed in their vehicle).

A third or subsequent conviction of DUI within a five year period means a one year suspension of driver’s license, and a probationary license may only be issued after the offender has completed 90 days of the year long suspension. This also includes a requirement for the ignition interlock device.
Reinstatement of the license includes paying a $200 fine to the Motor Vehicle Division of the Montana Department of Justice. This applies whether or not a probationary license was issued. Many people convicted of a DUI forget this step, and end up accumulating Driving While Suspended charges later on, after assuming that their license was reinstated at the end of the suspension. If you’ve been convicted of DUI and aren’t sure whether you paid the reinstatement fee, a call to the Motor Vehicle Division might be a good idea.

A probationary license can fall under four different categories: Occupational Driving Only; Home to School and Return; Essential Driving only; or Daytime Hours Only.

Licenses restricted to “occupational driving only” may only be used by the licensee to travel to and from the regular place of employment, or in search of employment, by the most direct route from the residence in a period of time no greater than is reasonable under existing traffic conditions; and during work hours at the specific direction of the employer for purposes of carrying out assigned job related functions.
Licenses restricted to “home to school and return” may only be used by the licensee to travel between the residence and the school or educational institution in which the licensee is enrolled. Travel is only authorized immediately before and after regular school hours and must be by the most direct route between the residence and the school in a period of time no greater than is reasonable under existing traffic conditions. Driving to or from extracurricular activities is not allowed.

Licenses restricted to “essential driving only” may only be used by the licensee for occupational driving as described above; home to school driving as described above; and travel to and from the regular residence in a period of time no greater than is reasonable under existing traffic conditions for purposes related to maintenance of the household.
Licenses restricted to “daytime hours only” may only be used by the licensee to operate a motor vehicle from one-half hour before sunrise to one-half hour after sunset.

While these four options are described in the Administrative Rules of Montana, the rules also allow the Division to impose additional restrictions when appropriate. However, none of these restrictions can prohibit a driver from travelling to or from required alcohol treatment programs.

If you’ve been charged with a DUI, you are facing license suspension. While Montana is beautiful, it’s also spread out. Getting along with the ability to drive is a real hardship, and something you should consider when charged with an alcohol related driving offense. The best advice I can give you is to talk to an attorney about the possible outcomes, and see what options are available to mitigate these potential problems.

Call Now for a Free Case Review and Consultation
(406) 752-6373

or Click Here to Contact me Online