Driving after a DUI in Montana: the Probationary Driver License

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

Montana's only administrative DUI suspension is for refusal of testing (§§ 61-8-1016, 61-8-1032); there is no administrative hearing or suspension for a failed test. On refusal the officer forwards the license to the department, issues on the department's behalf a temporary driving permit effective 12 hours after issuance and valid for 5 days following the date of issuance, and gives written notice of the suspension and of the right to a hearing (§ 61-8-1016(4)(c)). The DOJ 'Alcohol and/or Drug Testing Advisory' (form 36-0200) read at arrest states the driver may petition for a hearing in district court. Under § 61-8-1017(1) the person may, within 30 days after the officer's notice of the right to a hearing, file a petition to challenge the suspension in the district court of the county of arrest; on request the court may stay the suspension pending the hearing; the issues are limited to

“Within 30 days after notice of the right to a hearing has been given by a peace officer, a person may file a petition to challenge the license suspension or revocation in the district court in the county where the arrest was made.”

Who can get it, and how soon

Montana has no administrative per se suspension for a failed test; the DUI suspension (6 months for a first conviction under § 61-5-208(2)(b)(i)) follows conviction. Under § 61-8-1010(1), for a first DUI conviction the court may, if it recommends a probationary license, require the person to participate in the 24/7 sobriety program or a court-approved testing program, or to drive only an interlock-equipped vehicle during the probationary period; the DOJ DUI manual states the probationary driver's license is at the discretion of the court. A refusal (implied consent) suspension carries no provision for a restricted probationary license (§ 61-8-1032(2)(f), (4)(a)(i)); the DOJ testing advisory read at arrest states a refusing driver will not receive a probationary driver's license during the suspension period. The MVD form states driving a commercial motor vehicle is not allowed on a probat

“the court may, regardless of disposition and if a probationary license is recommended by the court, require the person to comply with the conditions listed in subsection (2)(a) or (2)(b).”

No waiting period is stated for a first conviction: § 61-5-208(2)(b)(i) imposes a 6-month suspension and, unlike the second- and third-offense paragraphs, contains no minimum period before a probationary license may issue; the DOJ DUI Quick Reference Manual states suspended drivers may not receive a probationary driver's license during the first 45 days of the suspension for a second offense or within 90 days for a third or subsequent offense (§ 61-5-208(2)(b)(ii)-(iii)). Because no source states the first-offense privilege is available immediately, failDays is null rather than 0. The conviction suspension commences from the date of conviction (§ 61-5-208(3)(a)). Refusal: the 6-month first-refusal suspension (1 year for a second within 5 years) commences from the date of violation and 'the department may not issue a probationary license during the suspension issued under this part' (§ 61

“(i) upon receiving a report of a person's conviction or forfeiture of bail or collateral not vacated for a first offense of violating 61-8-1002, the department shall suspend the driver's license or driving privilege of the person for a period of 6 months;”

Conditions attached to the privilege

As stated in the statutes and MVD form: a court recommendation for the probationary license in the report of conviction (§ 61-8-1010(1); § 61-5-208(2)(b)); if the court so requires, participation in the 24/7 sobriety and drug monitoring program or a court-approved alcohol or drug detection testing program with its fees, or driving only a vehicle with a functioning ignition interlock device during the probationary period at the person's cost (§ 61-8-1010(2)(a)-(b)); § 61-5-208(7) also allows a provisional, restricted or probationary license for a suspended person who completes a court-ordered driver rehabilitation or improvement program. The MVD's Probationary Driver License Information form (30-1607) states the license is cancelled if the holder fails to continue to comply with the requirements for issuance, is convicted of or forfeits bail on any traffic violation during the suspension,

“restrict the person to driving only a motor vehicle equipped with a functioning ignition interlock device during the probationary period and require the person to pay the reasonable cost of leasing, installing, and maintaining the device”

Where and when it allows driving

Essential driving only, as stated on MVD form 30-1607: to and from the residence and (1) the regular place of employment or in search of employment, by the most direct route and in a reasonable time, and during work hours at the employer's direction for job duties; (2) a school in which the holder is enrolled, immediately before and after school hours (no extracurricular activities); (3) a location for household maintenance; (4) a chemical dependency assessment, education course or treatment program. Recreational driving and driving a commercial motor vehicle are not allowed.

“As the holder of a probationary driver license, your license is restricted to essential driving only. This means that you may only drive to and from your residence and: 1. Your regular place of employment, or in search of employment, by the most direct route”

How it is issued

The licensing agency issues the Probationary Driver License.

Official page: mvdmt.gov

The statute: Mont. Code Ann. § 61-5-208

“may not issue a probationary license during the period of suspension unless the person completes at least 45 days of the 1-year suspension and the report of conviction includes a recommendation from the court that a probationary driver's license be issued subject to the requirements of 61-8-1010”