Montana DUI License Reinstatement (2026): Suspension, Steps and Fees

We read every rule on this page against the Montana sources on July 17, 2026. Source: Montana Motor Vehicle Division and Montana Code Annotated Section 61-8-1002 (driving under the influence). Jump to sources

How do you get your license back after a first DUI in Montana?

A first-offense DUI conviction in Montana brings a 6-month license suspension imposed by the Motor Vehicle Division once it receives the conviction report, with no waiting-period restriction on a court-recommended probationary license the way second and third offenses face. Reinstatement requires completing any required chemical dependency treatment, filing SR-22 proof of insurance and paying the $100 reinstatement fee once the suspension period or probationary conditions are satisfied.

Montana sits between the two common structures: whether an administrative review applies depends on the case. The page below states which situations carry a deadline and lays the reinstatement steps out in the order the state runs them.

The ignition interlock is not automatic here; it enters by court order or by the driver's own election, often as the route to driving sooner. The SR-22 filing is required. The education or treatment step comes before reinstatement and runs 12 hours for the Course component. Each piece has its own section below, with the official source beside it.

The parts Montana drivers most often miss are the insurance filing that lives with your insurer rather than the court and the order of the steps, since several gate the ones after them. The sections below take them in order.

How long is your license suspended after a first DUI in Montana?

The first-offense term and how the administrative and court tracks interact in Montana.

ItemMontana rule
First-offense suspension6 months, imposed by MVD upon receiving the report of a first-offense DUI conviction
Administrative vs courtMontana has two separate tracks: MVD's conviction-triggered suspension (6 months for a first offense, imposed once MVD receives the conviction report) and a separate administrative implied-consent suspension for a chemical test refusal (6 months for a first refusal), which applies independent of the criminal case outcome and can run even if the DUI charge is later reduced or dismissed.
Worth knowingLicense suspension continues until completion of any required chemical dependency treatment, except under specified statutory exceptions. A first offender is not subject to the minimum-days-served waiting period before a probationary license that applies to second (45 days of a 1-year suspension) and third-or-subsequent (90 days of a 1-year suspension) offenders.

The hearing clock: how long you have to act in Montana

The deadline to request the administrative review of the license suspension. It runs from the arrest or notice date, not from the court date.

ItemMontana rule
Request window30 days from the date notice of the right to a hearing is given to file a petition in district court challenging the administrative implied-consent suspension
How it worksFor a chemical test refusal, a temporary driving permit is issued at the time of license seizure (effective 12 hours after issuance, valid 5 days), with written notice of the suspension and the right to a hearing. MCA 61-8-1017 (Right of appeal to court), a primary statute, sets the window at 30 days after that notice is given for the person to file a petition in the district court of the county of arrest; the court then gives the county attorney at least 10 days' written notice of the hearing date. The 30-day window applies to that refusal-based administrative suspension specifically; a conviction-based suspension follows the criminal case rather than this separate administrative hearing track.

The path back: the Montana reinstatement steps in order

Several of these steps gate the ones after them, so the order matters as much as the list.

  1. Serve the 6-month suspension, or obtain a court-recommended probationary license (with ignition interlock or 24/7 sobriety monitoring as conditioned)
  2. Complete the required chemical dependency assessment and any resulting education or treatment
  3. File and maintain SR-22 proof of financial responsibility
  4. Pay the $100 MVD reinstatement fee
  5. Apply for reinstatement with MVD once the suspension period and all conditions are satisfied
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Ignition interlock rules in Montana

Whether the device is required for a first offense, for how long and where the state lists its certified providers.

ItemMontana rule
Required for a first offense?discretionary for a first offense, as a court-ordered condition of a probationary license; mandatory for second and subsequent offenses
First-offense durationfor the duration of the probationary license period as set by the court, when ordered
BAC triggernot gated to a specific first-offense BAC tier in the sources reviewed; installation is tied to a court's discretionary probationary-license condition rather than a fixed BAC threshold
Approved providersMontana MVD-approved ignition interlock provider list, referenced under Montana Code Annotated Section 61-8-1010
Worth knowingA court may order ignition interlock installation or 24/7 sobriety and drug monitoring program participation as an alternative or companion condition for a first-offense probationary license.

Do you need SR-22 insurance in Montana?

The financial-responsibility filing your insurer makes with the state, where Montana requires one.

ItemMontana rule
Required after a first DUI?Yes
The formSR-22
How long it must stay in force3 years from the date the proof was required
Worth knowingMCA 61-6-142 (Duration of proof), fetched verbatim from mca.legmt.gov, sets the standard duration at 3 years from the date proof of financial responsibility was required, so long as no new conviction or bail forfeiture occurs in that window. MCA 61-6-131 requires that proof once the department revokes a license. Multiple independent secondary sources (insurance and DUI-law sites) consistently corroborate that Montana DUI offenders file and maintain SR-22 for 3 years. One honest nuance not fully reconciled: MCA 61-6-131's trigger language uses the word 'revokes,' while a first-offense DUI under MCA 61-5-208 is styled a 'suspension'; the statute's own definitions section did not clearly confirm whether 'revocation' is defined to include 'suspension' for this purpose, though the uniform secondary corroboration and universal DUI-insurance industry practice support treating first-offense DUI as SR-22-triggering in practice.

Not settled in one published place. Confirm the filing requirement and how long it must stay in force with the Montana Motor Vehicle Division and your insurer before you rely on it.

Driving before full reinstatement in Montana

The limited license, if any, that lets a first offender drive during the suspension.

ItemMontana rule
Available for a first offense?Yes
What Montana calls itProbationary license
Waiting periodno stated minimum-days-served waiting period for a first offense (unlike the 45-day wait for a second offense and 90-day wait for a third-or-subsequent offense under MCA 61-5-208); available for a first-time DUI/drug-impairment conviction within the preceding 5 years
Worth knowingAdministrative Rules of Montana 23.3.231 (Probationary Licenses), fetched verbatim, authorizes the Division to issue a restricted probationary license in place of the 6-month suspension for a first-time DUI/drug-impairment conviction within 5 years, conditioned on (a) the convicting judge recommending probation and (b) the licensee continuing to comply with the alcohol treatment program, with no stated waiting period in the rule's text. 'Probationary license' is the exact official term, used both in this administrative rule and in MCA 61-5-231 (which separately authorizes the DUI-court probationary-license track for second-or-subsequent and aggravated offenses). Issuance is subject to conditions the court sets, commonly including ignition interlock installation or 24/7 sobriety monitoring.

The DUI program, the fees and the lookback

The DUI program. Montana requires a chemical dependency assessment for a DUI conviction, with the license suspension continuing until required treatment is completed except under specified statutory exceptions; most first offenders complete a chemical dependency education course, with treatment ordered in certain circumstances based on the assessment. Length: 12 hours for the Course component (the PRIME for Life curriculum, delivered by a Licensed Addiction Counselor at a state-approved program). The Course phase covers Montana DUI law, the consequences of impaired driving and how alcohol/drugs affect physiology and driving; offenders must start within 30 days of the court referral and finish in 30 to 90 days of enrollment. The Assessment and any resulting Treatment phase have no fixed hour count and depend on the individual's evaluated level of chemical dependency..

The lookback period. 10 years for second-offense classification; lifetime lookback once a driver has three or more DUI convictions (applies to third, subsequent and felony fourth-offense classification). This is the window over which a prior offense counts toward repeat-offense treatment.

The costs a Montana driver can expect on the way back.

ItemCost
License reinstatement fee, standard rate, applies to a first-offense DUI conviction-based suspension under MCA 61-5-208$100
License reinstatement fee, refusal-based suspension under the separate implied-consent track (MCA 61-8-1016)uses the fee schedule in MCA 61-2-107 rather than the standard $100 figure; the exact 61-2-107 amount was not independently confirmed. A separate $300 administrative fee also applies for a chemical test refusal, distinct from the reinstatement fee.

Not published as one current figure. Confirm the exact amount with the Montana Motor Vehicle Division before you pay.

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Montana DUI reinstatement FAQ

How long is a first-offense DUI license suspension in Montana?

6 months, imposed by the Motor Vehicle Division once it receives the court's report of conviction. This is separate from a chemical-test-refusal administrative suspension, which is 6 months for a first refusal and applies independent of the criminal case outcome.

Is there an administrative hearing for a first DUI in Montana?

For a chemical test refusal, yes: the driver has 30 days from the refusal to request a hearing challenging the administrative suspension, or it becomes automatic. A conviction-based suspension imposed after a DUI conviction is not separately contested through this administrative hearing process; it follows the criminal case.

Is a probationary license available for a first DUI in Montana?

Yes and unlike second and third offenses, Montana's statute does not impose a stated minimum-days-served waiting period before a first offender's court-recommended probationary license can issue. A court can condition it on ignition interlock installation or 24/7 sobriety program participation.

Is an ignition interlock required for a first DUI in Montana?

Not automatically. A court may require ignition interlock device installation or 24/7 sobriety monitoring as a condition of a first-offense probationary license, at the court's discretion.

Does Montana require SR-22 insurance after a first DUI?

Yes. Montana law requires DUI offenders to file and maintain continuous SR-22 proof of financial responsibility for 3 years, confirmed under MCA 61-6-142.

How far back does Montana look for prior DUI offenses?

For a second offense, Montana uses a 10-year lookback. Once a driver has three or more DUI convictions, all prior convictions count regardless of age (lifetime lookback) for third, subsequent and felony fourth-offense classification.

Statute and sources

What the rules on this page come from

This page organizes and explains the Montana reinstatement process in plain language. It is educational information, not legal advice and it does not cover contesting the charge. A contested case needs a licensed DUI attorney. It does not come from a state agency. Montana rules can change and courts keep discretion in individual cases. Confirm the current requirements with the Montana Motor Vehicle Division before you act.