Montana DUI & License Suspension — What Happens

License consequences are often the most immediately disruptive part of a DUI case in Montana. The administrative suspension is a separate proceeding from the criminal case and can result in loss of driving privileges even if the criminal charges are eventually reduced or dismissed.

• First-offense (failed test): Refusal: officer seizes the license, issues a 5-day temporary permit, and the department suspends for the period set in § 61-8-1032 (up to 1 year)
• First-offense (refusal): 6-month license suspension for a first refusal (1 year for a second or subsequent refusal within 5 years), with no restricted probationary license

Montana does not offer a restricted or hardship license during the administrative suspension period. No restricted probationary license during a refusal suspension (§ 61-8-1032)

The administrative suspension and the criminal case are legally independent. Winning the administrative hearing does not dismiss the criminal case. Losing the administrative hearing does not prove guilt in the criminal case. However, the facts overlap significantly, and the administrative hearing can sometimes reveal evidence or testimony that is useful in the criminal defense.

discretionary; if the court recommends a probationary license, it may restrict driving to vehicles with an ignition interlock device (or order 24/7 sobriety/drug monitoring). The minimum IID period is no fixed statutory minimum; interlock applies during the probationary license period if ordered (second or subsequent offense: court must order interlock, 24/7 sobriety/drug monitoring, or vehicle forfeiture). Reinstatement requires proof of IID installation, completion of any required substance abuse programs, payment of reinstatement fees, and proof of insurance (SR-22 in many states).