How to get your license back after a DUI in Montana
Getting a license back after a DUI is an agency process, not a court one: the steps below are the ones the Montana Department of Justice, Motor Vehicle Division lists, in its order, each quoted from the agency's own page. Requirements differ by offense, blood-alcohol level, refusal, and prior record; the state's wording controls.
Steps the state lists
- 1
Serve the suspension period
The Motor Vehicle Division's suspension table lists a 6-month suspension for a first DUI or 0.08 BAC conviction and a 1-year suspension for a second or subsequent conviction within 10 years; a first refusal of alcohol testing also brings a 6-month suspension and a second or subsequent refusal 1 year. Under Mont. Code Ann. § 61-5-208(2)(b), no probationary license may issue during a second-offense suspension until 45 days are served (90 days for a third or subsequent).
What the source says
“Driving under the influence (DUI) or operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or greater first conviction 6-month suspension second or subsequent conviction within 10 years 1-year suspension”
- 2
Pay the reinstatement fee
The MVD states a Montana driver license holder may pay reinstatement fees through its online services, or send a check or money order payable to the Motor Vehicle Division to the Records and Driver Control Bureau with the driver license number, full name and date of birth. Mont. Code Ann. § 61-2-107 sets the fee at $200 for a license suspended or revoked under § 61-5-205 (which includes DUI convictions) or § 61-8-1016 (refusals); the MVD page does not state the amount.
What the source says
“If you have a Montana driver license, you are eligible to pay your reinstatement fees using our online services.”
- 3
Check license status and upload reinstatement documents online
The MVD states its online services allow a driver to check license status, pay fees, and upload reinstatement documents. The page does not enumerate which documents are required for a DUI suspension.
What the source says
“We have an app for that. Not only can you check the status - you can pay fees and upload reinstatement documents. All online.”
- 4
After a revocation (felony DUI): apply for a new license and take the required tests
The MVD states a revoked license is terminated and may not be renewed or restored; when the revocation period expires and the individual meets all licensing requirements, the person must apply for a new license, completing applications, paying all fees and taking all applicable knowledge and skills tests. The MVD revocation table lists 'Any felony in the commission of which a motor vehicle is used (including 4th offense DUI/BAC violations)' with a 1-year revocation. Under § 61-6-131 (state record), a revoked license may not be restored until a certificate of insurance is filed.
What the source says
“When the period of revocation expires and the individual meets all of the requirements to be licensed, that person must then apply for a new license, completing applications, paying all fees and taking all applicable knowledge and skills tests.”
Official reinstatement page: Montana Department of Justice, Motor Vehicle Division
Conditions that travel with reinstatement
| Reinstatement fee | $200 |
|---|---|
| SR-22 / financial-responsibility filing | No — details |
| Ignition interlock | Montana interlock rule |
| Required program | Chemical dependency assessment and chemical dependency education course / treatment (Mont. Code Ann. § 61-8-1009) |
| Driving during the suspension | Probationary driver's license (Mont. Code Ann. §§ 61-5-208, 61-8-1010, 61-5-231) |
Required program: Chemical dependency assessment and chemical dependency education course / treatment (Mont. Code Ann. § 61-8-1009)
Under § 61-8-1009(1), regardless of disposition, a person convicted of DUI shall complete a chemical dependency assessment and, for a first conviction, a chemical dependency education course (or treatment if a licensed addiction counselor finds a moderate or severe use disorder, in which case the education course is not also required); for a second or subsequent conviction, chemical dependency treatment followed by at least one year of monthly monitoring. Under (3) the assessment and education course must be completed at a treatment program approved by the Department of Public Health and Human Services and conducted by a licensed addiction counselor, at the defendant's cost. This is a court-imposed sentencing requirement; the MVD Suspensions, Revocations, and Reinstatements page does not list it as an MVD reinstatement condition.
“(3) The chemical dependency assessment and the chemical dependency education course must be completed at a treatment program approved by the department of public health and human services and must be conducted by a licensed addiction counselor.”
Driving during the suspension: Probationary driver's license (Mont. Code Ann. §§ 61-5-208, 61-8-1010, 61-5-231)
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 restrict the person to driving only a vehicle equipped with a functioning ignition interlock device during the probationary period at the person's cost; for a second or subsequent conviction the court shall impose one of those conditions or order vehicle forfeiture. Under § 61-5-208(2)(b), the department may not issue a probationary license during a second-offense 1-year suspension unless the person completes at least 45 days (90 days for a third or subsequent) and the report of conviction includes a court recommendation that a probationary license be issued. Under § 61-5-231, a DUI court may authorize a probationary license for a participant convicted of a second or subsequent misdemeanor DUI, subject to § 61-8-1010. The MVD states a driver convicted of DUI 'may be restricted to operating a vehicle that is equipped with an ignition interlock device.'
“the department shall suspend the driver's license or driving privilege of the person for a period of 1 year and may not issue a probationary license during the period of suspension unless the person completes at least 45 days of the 1-year suspension”
Questions about reinstatement in Montana
- What does the Montana MVD list for reinstating a license after a DUI suspension?
- The Montana Motor Vehicle Division's Suspensions, Revocations, and Reinstatements page lists a 6-month suspension for a first DUI or 0.08 BAC conviction and 1 year for a second or subsequent within 10 years, and gives instructions for paying the reinstatement fee online or by check or money order to the Records and Driver Control Bureau, with online upload of reinstatement documents. Mont. Code Ann. § 61-2-107 sets the fee at $200 for suspensions under § 61-5-205 or § 61-8-1016.
- Is there a probationary license during a Montana DUI suspension?
- Under Mont. Code Ann. § 61-8-1010, the court may recommend a probationary license for a first DUI conviction and, if it does, may require 24/7 sobriety program participation or restrict the person to an ignition-interlock-equipped vehicle during the probationary period; for a second or subsequent conviction the court must impose one of those conditions or order forfeiture. Under § 61-5-208, no probationary license issues during a second-offense suspension until 45 days are served (90 days for a third or subsequent).
- What program must a Montana DUI offender complete?
- Under Mont. Code Ann. § 61-8-1009, a person convicted of DUI shall complete a chemical dependency assessment and, for a first conviction, a chemical dependency education course (or treatment if a licensed addiction counselor finds a moderate or severe use disorder); a second or subsequent conviction requires chemical dependency treatment followed by at least one year of monthly monitoring. The assessment and course must be completed at a DPHHS-approved program conducted by a licensed addiction counselor, at the defendant's cost.
Sources
- Montana Motor Vehicle Division - Suspensions, Revocations, and Reinstatements (suspension/revocation tables; interlock vendors; paying a reinstatement fee; online status and document upload)
- Montana Code Annotated 2025 - § 61-8-1009 (DUI; assessment, education, and treatment required)
- Montana Code Annotated 2025 - § 61-8-1010 (DUI; ignition interlock during probationary period; 24/7 sobriety program)
- Montana Code Annotated 2025 - § 61-8-1025 (department rules on approval, installation, calibration, repair, and removal of interlock devices)
- Montana Code Annotated 2025 - § 61-5-208 (period of suspension; limits on probationary license)
- Montana Code Annotated 2025 - § 61-5-231 (authorization of probationary license by DUI court)
- Montana Code Annotated 2025 - § 61-2-107 ($200 reinstatement fee) (from the state record)
- Montana Code Annotated 2025 - Title 61, ch. 8, part 10 section index