A DUI is a very serious offense that can cause a number of negative repercussions in your life. Not only will a DUI conviction increase your insurance rates and hurt your social and professional reputation, it also restricts your ability to drive.
In this post, we’ll be covering everything you need to know about having your driver’s license suspended after a DUI in Montana.
Types of DUI Driver’s License Suspensions
After being arrested for DUI in Montana, your driver’s license may or may not be initially suspended. This will depend on how you were charged for your DUI:
- A DUI charge where No Refusal occurred, and breath or blood samples were given
- A DUI charge where there is a Refusal to provide a breath or blood sample
No Refusal
Your DUI arrest is considered a “No Refusal” charge when:
- An officer asks you for a breath or blood test to determine blood-alcohol concentration (BAC)
- You comply and provide your breath or blood sample
If there was No Refusal at the time of your DUI arrest, then you will continue to have a valid driver’s license while the DUI charge is pending and while you are officially charged.
A DUI Can Put Your License at Risk in More Than One Way.
After a Montana DUI arrest, your license situation depends on whether you gave a breath or blood sample, refused testing, or were later convicted. These tracks can overlap, which is why many drivers are confused when one suspension ends and another begins.
Separate Tracks
A refusal suspension and a DUI conviction suspension can happen separately.
Months Possible
A refusal suspension or first adult DUI conviction may create a six-month issue.
Repeat DUI Risk
A second or subsequent DUI within five years can create a one-year suspension concern.
Permit Eligibility
Limited driving permits are generally tied to first-offense DUI or DUI Per Se cases.
Which License Issue Are You Facing?
Tap each option to understand how the license problem may change depending on the arrest, refusal, conviction, and permit eligibility.
No Refusal: Your License May Stay Valid While the Case Is Pending
If you gave a breath or blood sample, your license may not be immediately suspended at arrest. The bigger license risk may come later if there is a DUI conviction.
Refusal: A Civil Suspension Can Start Separately
If you refused breath or blood testing, Montana can impose a civil license suspension. This is separate from the criminal DUI case and may require fast review.
Conviction: A Criminal Suspension Can Begin at Sentencing
A DUI conviction can trigger a criminal license suspension. If there was also a refusal suspension, you may be dealing with two different suspension periods.
Limited Driving Permit: Not Everyone Qualifies
A limited driving permit may allow essential driving for work, school, household needs, or treatment, but eligibility is limited and usually tied to first-offense DUI or DUI Per Se cases.
How Long Could a Montana DUI License Suspension Last?
Suspension periods depend on age, prior convictions, refusal issues, and the exact facts of the case. These cards help visitors quickly understand the general risk range.
Under 21 First DUI
Some underage first-offense DUI cases can create a 90-day suspension issue.
Adult First DUI
A first DUI for a driver over 21 may lead to a six-month suspension if convicted.
Refusal Suspension
A refusal can create a civil suspension separate from the DUI conviction issue.
Repeat DUI
A second or subsequent DUI within five years can create a one-year suspension concern.
Do You Need Help Protecting Your Driving Privileges?
Tap any statement that sounds true. These are signs the visitor may need a DUI license review before deadlines, hearings, or sentencing decisions create more problems.
Your Best Next Step
If any of these apply, do not assume your license issue will work itself out. A Montana DUI attorney can review whether the suspension is civil, criminal, or both, and explain what options may still exist.
What May Be Needed to Reinstate Your Montana License?
Getting through the suspension period is only part of the process. You may still need to complete reinstatement steps before legally driving again.
01 Restoration Fees +
You may need to pay Montana driver’s license restoration fees before reinstatement can be completed.
02 Court Fines and Obligations +
Outstanding court fines, DUI sentence requirements, and other obligations may need to be handled before your driving privileges are fully restored.
03 Sobriety Program or Treatment +
A sobriety program, chemical dependency assessment, education course, or treatment requirement may be part of the reinstatement process.
04 Insurance and Ignition Interlock +
Proof of mandatory liability coverage and ignition interlock device requirements may apply depending on your case and reinstatement conditions.
See What Clients Say About Judnich & Sherwood
DUI license issues can be confusing because the criminal case, civil refusal suspension, limited permit, and reinstatement process may all involve different steps.
Worried About Losing Your License After a Montana DUI?
Speak with Judnich & Sherwood before assuming your suspension is unavoidable or that you qualify for a permit. The right review can clarify whether you are facing a refusal suspension, conviction suspension, or both.
Refusal
Your DUI arrest is considered a “Refusal” DUI charge when:
- An officer asks you for a breath or blood test to determine your blood-alcohol concentration (BAC)
- You are unwilling to comply and do not provide your breath or blood sample
If there is a Refusal to provide a breath or blood sample at the time of your DUI arrest, you will receive a civil driver’s license suspension. This civil suspension begins at the time you refuse to provide a sample.
Understanding a Civil Suspension
Montana operates under a DUI Implied Consent Law. If you are lawfully arrested by an officer who has probable cause to believe you have been driving under the influence, you are supposed to consent to a breathalyzer or blood test for the purpose of determining your BAC.
You cannot refuse a breath test or blood test without facing a penalty. This penalty includes a civil driver’s license suspension, and in some jurisdictions is a separate criminal offense. A civil driver’s license suspension is an administrative (not criminal) license suspension and lasts for six months.
Under a civil driver’s license suspension, you cannot receive a probationary permit to be allowed to drive. The only way to “un-suspend” your license after a refusal is a time-limited Petition to the District Court. However, this is very difficult to receive.
Montana Driver’s License Suspension after a DUI Conviction
After you are charged for a DUI, your case will be reviewed. If you are convicted, a driver’s license suspension will occur. Without a valid driver’s license, it’s illegal for you to operate a motor vehicle. Instead, you’ll have to use public transportation, walk, or get rides from friends and family.
DUI Conviction after No Refusal
If your are officially convicted of a DUI, it will result in a criminal suspension of your driver’s license. This suspension begins at the time of sentencing.
DUI Conviction after Refusal
If you are convicted of a DUI, in addition to your civil driver’s license suspension, you will receive a second license suspension. This time, your suspension will be classified as a criminal suspension. This criminal driver’s license suspension begins at the time of sentencing.
Since your license has already been suspended under a civil suspension, it means you may have two separate license suspensions at two different times, or at the same time.
Length of a Montana DUI Driver’s License Suspension
Your driver’s license suspension will range from 6 months to 1 year, depending on prior convictions. Typically, penalty periods are as follow:
- DUI 1st offense (under the age of 21): 90 days
- DUI 2nd offense (under the age of 21): 6 months
- DUI 1st offense (over 21): 6 months
- DUI 2nd or subsequent offense within 5 years (over 21): 1 year
Keep in mind that this timeline may be different depending on your conviction and arrest circumstances.
Obtaining a Montana Limited Driving Permit
Obtaining a Montana Limited Driving PermitA limited driving permit (also called an essential driving permit or probationary license) restricts you to essential driving only. This only includes driving to and from your residence, and:
- Your regular place of employment
- Your school or educational institution (you must be currently enrolled)
- A business or establishment related to maintenance of your household
- A required chemical dependency assessment, educational course, or treatment program
In Montana, the only people who can obtain a limited driving permit after a DUI are those convicted of a DUI 1st offense or DUI Per Se, 1st Offense.
If you are convicted of DUI 2nd offense, or subsequent offense, you cannot receive a driving permit following criminal suspension of your driver’s license. Your license will be suspended, and it will stay that way.
Reinstating Your Montana Driver’s License after a DUI
After you’ve completed your driver’s license suspension period, you can reinstate your license. In fact, restoring your license following a suspension is necessary to stay in compliance with state laws and regulations.
In order to reinstate your license, you must:
- Pay Montana driver’s license restoration fees
- Pay any outstanding fines with the court
- Complete a sobriety program
- Install an Ignition Interlock Device on your car
- Provide proof of the mandatory liability coverage
Judnich & Sherwood P.C. is Montana’s Premier Defense Attorney
Have you just been charged for a DUI in Montana? Do you have questions about whether or not your driver’s license is now suspended? We’re here to help!
We are a premier Montana DUI defense attorney and have represented hundreds of people accused of DUIs in Montana– from first offense to felony DUIs. Choosing a private DUI defense attorney is an investment well worth making.
