As a lawyer in Montana, I’m frequently asked about questions about how a DUI arrest or conviction can affect a person’s driver’s license. Not only is this question very common, but it’s a very misunderstood area of the law, especially among the general public.
That’s why I want to make sure you understand the facts about what can happen to your driver’s license if you’re arrested or convicted for DUI in Montana. But before I go any further, there are 2 things you should know:
1. Did You Refuse a Breath or Sobriety Test?
If you refused a breath or sobriety test when you were stopped by the police, your driver’s license will likely be suspended for 6 months. Your suspension will probably begin on the day you refused the test.
This is a civil suspension issued through the Department of Motor Vehicles. This civil suspension is a result of your refusal to take a breath or sobriety test and is completely unrelated to a suspension stemming from a criminal DUI conviction.
2. Were You Convicted of DUI or Related Offense?
If you’ve been convicted of a DUI a related offense, your driver’s license will be subject to a criminal suspension. This is unrelated to any civil suspensions caused by refusing a breath or sobriety test. You can also have both suspensions at the same time.
So, what’s the difference, and what can you do about them?
Suspension Due to Breath/Blood/Sobriety Test Refusal
Photo: ODT on Flickr
Lets start with a suspension due to refusing a sobriety test. As I mentioned earlier, in Montana, if you refuse a breath, blood, or other sobriety test, your license may be suspended as a result of the refusal itself. This is not a criminal punishment, although several cities, including Missoula, have made refusing a breath test a separate misdemeanor crime.
This suspension is a civil administrative suspension. There is only one way to avoid this suspension. A person who has allegedly refused a sobriety test can file a petition in District Court asking the Court to return his or her driver’s license and lift the suspension.
Without an order from the District Court order you can’t get out of a refusal suspension. Once you’ve filed your petition, the burden is on you to prove that either there was not sufficient reason for the police to stop your vehicle, or that you didn’t actually refuse the breath/blood test.
The State of Montana can agree to the reinstatement of your license, or they may require a court hearing to contest your petition. Either way, filing a petition is the only way to even attempt to get your license reinstated if you’ve refused any kind of sobriety test.
It’s also worth noting that DUI defense attorneys in Missoula, Montana will frequently use such a petition as a tool to help negotiate a successful resolution to a DUI arrest for their client.
After a DUI Arrest, Your License Path Depends on One Key Question.
The first thing to review is whether you refused a breath, blood, or sobriety test. A refusal can create a separate civil license suspension, while a DUI conviction can create a separate criminal suspension later.
Refusal Question
If you refused testing, your license may be suspended because of the refusal itself.
Refusal Risk
A Montana refusal suspension may last six months and can begin quickly after the refusal.
Separate Tracks
Civil refusal suspension and criminal DUI conviction suspension are different license problems.
Permit Review
First DUI convictions may have probationary permit options with judge approval and program requirements.
What Could Happen to Your License?
Choose the situation closest to yours. This helps visitors understand which license track may apply after a Montana DUI arrest.
Refusal Can Trigger a Civil Suspension
If police claim you refused breath, blood, or sobriety testing, your license may be suspended because of the refusal itself. A District Court petition may be the only way to try to lift that suspension.
An Arrest Alone May Not Suspend Your License
If you did not refuse testing, the arrest by itself may not create an immediate license suspension. The bigger license issue may come later if the case ends in a DUI or related conviction.
A Conviction Can Create a Criminal Suspension
A DUI conviction can trigger a criminal driver’s license suspension. This is separate from any earlier civil refusal suspension, and some drivers can face both.
A Probationary Permit Is Not Automatic
First DUI convictions may qualify for a probationary or essential driving permit with judge approval, but the driver may also need to enroll in Montana’s ACT program.
Two License Tracks Can Overlap After a DUI Arrest
Many drivers assume there is only one license suspension. In reality, the refusal path and conviction path are separate and may require different legal strategies.
Police Stop
The officer may request roadside tests, breath testing, blood testing, or other evidence.
Refusal Issue
If the State says you refused, the license suspension issue may start before conviction.
Court Petition
A District Court petition may be used to ask for license reinstatement after a refusal.
Criminal Case
If there is a DUI conviction, a separate criminal suspension may apply later.
Do You Need a License Strategy After Arrest?
Tap any statement that sounds true. These are signs the visitor may need quick guidance before the civil or criminal license issue becomes harder to fix.
Your Best Next Step
If any of these apply, do not treat the license issue as an afterthought. A Montana DUI attorney can review whether the concern is civil, criminal, or both, and help identify the next legal step.
What Can a DUI Attorney Review?
A strong license strategy starts by understanding what happened during the stop, what the State says happened, and what court options may still exist.
01 Whether the Stop Was Lawful +
In a refusal petition, one issue may be whether police had sufficient reason to stop the vehicle. A weak stop can become important to the license challenge.
02 Whether You Actually Refused +
The court may need to review whether the driver truly refused testing, whether the request was clear, and whether the officer’s report matches the full facts.
03 Whether a Petition Can Help +
A District Court petition may be used to ask the court to return the driver’s license and lift a refusal suspension.
04 Whether the DUI Can Resolve Without a Suspension +
The criminal defense strategy may focus on avoiding a DUI conviction or related outcome that creates a separate driver’s license suspension.
See What Clients Say About Judnich & Sherwood
DUI license issues can be confusing because a refusal suspension, criminal suspension, petition, and permit request may all involve different rules.
Arrested for DUI and Worried About Your License?
Speak with Judnich & Sherwood before assuming your license suspension is automatic, unavoidable, or tied only to the criminal case. The first step is understanding whether you are facing a refusal suspension, conviction suspension, or both.
Suspension Due to DUI Conviction in Montana
If you’re actually convicted of DUI or a related offense, you’ll face a suspension as part of your criminal punishment. Your driver’s license won’t be suspended if you’re only arrested for DUI (unless of course, as I mentioned earlier, you refused a sobriety test). In Montana, to receive a criminal suspension of your driver’s license, you must be convicted of a DUI or a related offense.
The length of the suspension will depend on whether you have any prior DUI convictions. If it’s your first conviction, with the Judge’s approval, you’ll be eligible for a probationary driving permit or an essential driving license. This allows you to drive to work, home, the hospital, the grocery store, or to make any other trips deemed essential by the Judge.
To receive a probationary license, you’ll also need to enroll in a mandatory ACT program to be eligible for this type of license. Currently, in the state of Montana, only convictions for a first DUI offense are eligible for a probationary permit following conviction.
You should also know that there are no options for appealing a suspension of your driver’s license beyond appealing your DUI conviction after trial. In other words:
If you take a plea agreement, you won’t be able to appeal any resulting driver’s license suspension.
Avoiding DUI Conviction & Driver’s License Suspension in Montana
If you don’t want your driver’s license to get suspended after a DUI arrest, you need to invest in a great DUI defense attorney. Your attorney can start by filing petitions to avoid suspension if you refused a breath or sobriety test. Your lawyer will also work towards a resolution of your case that doesn’t involve a DUI conviction and driver’s license suspension.
Your attorney will be able to navigate complex cases, like those involving multiple refusals of sobriety tests, prior instances of driving with a suspended license, and other traffic crimes that may affect your driver’s license.
Call the Judnich, Sherwood & Associates for a free consultation to discuss your issues in dealing with a driver’s license and DUI related charges today.
