Montana DUI Driver's License Suspensions

Below are the consequences and procedures for license suspensions and restrictions in Montana DUI cases.

Montana Implied Consent Law

A person who operates or is in actual physical control of a vehicle upon the ways of the state of Montana that are open to the public is considered to have given consent to test or tests of the person's blood or breath for the purpose of determining the amount of alcohol or drugs present in the person's body. The blood and/or breath testing must be administered at the direction of a peace officer having reasonable grounds to believe the person has been driving or in actual physical control of a vehicle while under the influence of alcohol and/or drugs, or a combination of alcohol and/or drugs. Blood and breath tests may not be administered unless the person is placed under arrest for DUI, unless there person has been involved in an accident resulting in property damage or serious bodily injury.

**NOTE - Unlike in other states, Montana's implied consent law also applies to persons requested to submit to a preliminary breath test (PBT). Persons who refuse to submit to a PBT will face a license suspension of up to 1 year.

Procedure after a DUI suspect refuses a chemical test in Montana

If a DUI offender that has been placed under arrest refuses to submit to chemical testing, no test will be administered but the police will seize the person's driver's license and notify them that their refusal will result in the suspension of their driving privileges in accordance with the refusal penalties listed below. The offender will be issued a temporary driving permit effective 12 hours after issuance that will remain valid for 5 days. The police are required to inform persons who refuse chemical testing that they have a right to a hearing to contest the suspension of their driver's license. Persons who are unconscious or otherwise in a condition rendering them incapable of refusal are considered to not have withdrawn consent to chemical testing.

Montana DUI Implied Consent License Suspension Terms

FIRST OFFENSE REFUSAL - 6 months license suspension without eligibility for a restricted probationary license

FIRST OFFENSE REFUSAL - COMMERCIAL LICENSES - 1 year commercial driver's license suspension

SECOND OR SUBSEQUENT REFUSAL WITH 5 YEARS - 1 year license suspension without eligibility for a restricted probationary license

SECOND OR SUBSEQUENT REFUSAL WITHIN 5 YEARS - COMMERCIAL LICENSES - lifetime commercial license suspension (may have license reinstated after 10 years if eligible).

Montana DUI License Suspension Hearing Process and Procedures

Within 30 days after notice has been given that a person has a right to hearing to contest the suspension of the person's driver's license, the person may file a petition to challenge the suspension in the district court in the county where the person was arrested. A hearing will take place, during which the following issues will be determined:

(1) whether the police had reasonable grounds to believe that the person had been driving or was in actual physical control of a vehicle upon ways of this state open to the public while under the influence of alcohol, drugs, or a combination of the two and the person was placed under arrest for DUI;
(2) whether the person is under 21 and was placed under arrest for DUI;
(3) whether the officer had probable cause to believe that the person was driving or in actual physical control of a vehicle and the person was involved in a motor vehicle accident or collision resulting in property damage, bodily injury, or death; and
(4) whether the person refused to submit to one or more tests designated by the officer.

After the hearing, the court will render a decision as to whether the person is entitled to a license or whether the license should be suspended or revoked.

**NOTE - The implied consent license suspension that occurs as a result of a chemical test refusal is separate and distinct from any license suspension that may be imposed upon a criminal DUI conviction arising from the same offense.