How to Get Your License Back After a DUI in Montana

In the state of Montana, Driving Under the Influence (DUI) refers to a situation when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher while impaired by drugs or alcohol. Losing your driver's license due to a DUI is an offense with serious legal consequences that reflects Montana's strict position on impaired driving and public safety. The Montana Motor Vehicle Division (MVD) oversees license suspensions and reinstatements for all DUI offenses.

Step 1: Know the Terms of Your Suspension

Driver's license suspensions for DUI in Montana vary depending on the offense type, prior convictions, and compliance with testing requirements. Before you may begin the reinstatement process, you must determine which category of license suspension applies to you and how long you should wait before applying for reinstatement. Montana law recognizes the following types of suspension:

• First DUI Conviction: Operating a motor vehicle with a BAC of 0.08% or higher carries a license suspension duration of 6 months.
• Second or Subsequent Conviction: If it occurs within 10 years of the first conviction, it carries a one-year license suspension.
• Refusal to Submit to Chemical Testing: First refusal to take a chemical test results in a 6-month license suspension; second or subsequent refusal leads to a one-year driver's license suspension.
• Underage DUI: The first conviction for operating a vehicle by a minor with a blood alcohol concentration (BAC) of 0.02% or more results in a 90-day license suspension. A second conviction results in a 6-month license suspension, while a third conviction results in a one-year license suspension. Additionally, fines range from $100 to $500, and mandatory attendance at an alcohol education program is required.

For all categories, offenders must generally serve the entire suspension period and complete all mandatory programs before applying for reinstatement of their driving privileges.

Step 2: Fulfill Court and DMV Requirements

Court-ordered penalties and DMV requirements are distinct, with separate penalties and consequences. Individuals arrested for a DUI in Montana must generally satisfy both criteria before reinstatement is possible.

A DMV suspension is an administrative action by the Montana MVD following a DUI arrest. It is usually triggered automatically by either refusal to test or receiving the court's abstract of conviction. A DMV suspension requirement includes:

• Serving the full license suspension or confiscation term
• Proof of SR-22 insurance filing
• Paying all reinstatement fees

A court suspension comes from a criminal penalty imposed after conviction. The penalties include:

• Fines up to $1,000 for the first offense and up to $5,000 for the third
• Jail time ranging from 24 hours to one year, or deferred sentences
• Community service hours or probation
• Mandatory programs include chemical dependency assessment, education up to 12 hours, and treatment programs. It is usually done through the Alcohol and Chemical Treatment (ACT) program.

Step 3: Complete a DUI Education or Treatment Program

Montana mandates DUI offenders to complete state-approved programs such as the Assessment, Course, and Treatment (ACT) program, which includes alcohol and education treatment components. These programs are required by both the courts at sentencing and by the DMV before reinstatement. The ACT program comprises the following:

• ASSESSMENT: This is a chemical dependency evaluation, typically conducted within 1-2 hours by a Licensed Addiction Counselor (LAC) at a state-approved provider. The assessment fee costs typically up to $300.
• COURSE: It is a 12-hour PRIME for Life education class covering Montana DUI law, the physiological effects of substances, risk reduction, and safe driving behaviors. The program is typically delivered by a licensed alcohol and drug counselor (LAC) at a state-approved program. The program costs $300 and requires completion through in-person classes.
• TREATMENT: It is an outpatient or residential treatment program serving residents with moderate to severe substance dependency issues. Low-risk offenders typically complete group counseling, which usually lasts between 6 and 12 weeks. However, persons with severe dependency may require treatment programs that take up to 6 months. Treatment programs generally cost between $500 and $2,000 for outpatient therapy and around $3,000 to $5,000 for residential care.

To enroll in Montana's ACT program and ensure your completion counts toward license reinstatement, you should use a state-approved provider, as provided by the Montana Department of Transportation (MDT).

To proceed, obtain your court referral. The document generally contains the sentencing order that specifies the requirement to enroll in ACT. Visit the MDT "Assessment, Course, and Treatment Program" page to contact and schedule an assessment with an ACT provider. Ensure you bring a copy of the order when you visit a provider. The next phase, mandated by the courts and the MVD, requires the completion of a 12-hour education course, often delivered in weekly sessions over 3 - 4 weeks. Lastly, the offender undergoes recommended treatment at an outpatient or residential treatment program.

The provider generally issues a Certificate of Completion upon completion of all three ACT phases. Submit the certificate to the sentencing court and the Montana MVD as part of your reinstatement application. Usually, failure to use a state-approved program or neglecting to turn in the certificate generally delays or invalidates your effort to regain driving privileges.

Step 4: Get SR-22 Insurance or Equivalent

Individuals arrested for a DUI in Montana are typically required to obtain an SR-22 form after a conviction. An SR-22 is a form your insurance company files with the Montana MVD verifying that you carry Montana's minimum required auto liability coverage. It is not a separate insurance policy but a certificate of financial responsibility.

To obtain the form, contact your auto insurer and request that they add an SR-22 filing to your existing liability policy. Pay the SR-22 filing fees. Most insurers typically charge a one-time certificate fee between $25 and $50. Your insurance company then submits the SR-22 directly to the Montana Department of Justice.

Once filed, expect your annual premium rates to increase by approximately 15-50% above your pre-DUI premium. First-offense DUI drivers often pay an extra $500 to $700 per year for SR-22 minimum coverage. The average SR-22 premium for full coverage post-DUI may be around $1,900 to $2,500 annually.

Montana law requires DUI offenders to maintain continuous SR-22 coverage for three years from the date of the license reinstatement. Any lapse in coverage may trigger a new suspension.

Step 5: Pay Reinstatement Fees

To recover your driver's license after a DUI suspension in Montana, you typically remit the required administrative fees, called reinstatement fees, to the state MVD.

• The standard reinstatement fee for drivers whose licenses have been suspended or revoked, whether for first or subsequent DUI suspension, is $200. The cost is charged in addition to any court fines or penalties.
• There is a $100 reinstatement fee for non-commercial suspensions or revocations.

However, Montana grants fee waivers and discounts in some instances:

• Indigency Waiver: $100 may be waived if the court certifies that you are indigent
• Rehabilitation Discount: Completing a department-approved driver rehabilitation program entitles you to a 50% reduction

If you have a valid Montana driver's license, you may pay the reinstatement fee online using the MVD's Online Services Portal. The platform accepts Visa. MasterCard, Discover, check, or debit cards. Similarly, reinstatement fees are payable by mail using a check or money order payable to the MVD. Include your full name, date of birth, and driver's license number, if known, with the payment. Mail to:

Motor Vehicle Division
Records and Driver Control Bureau
P.O. Box 201430
Helena, MT 59620-1430

Lastly, you may need to pay for reinstatement by visiting any County Treasurer's office in Montana. Most locations accept cash, checks, money orders, and major credit and debit cards.

Step 6: Submit Your License Reinstatement Application

Once you have completed the suspension duration, court, and MVD-mandated programs, SR-22, and paid the fees, you may file your reinstatement packet to regain your driving privileges. You may do this online, in person, or by mail in Montana.

To submit your license reinstatement application online, go to the MVD Online Service Page and click "Reinstate your license". Upload your Certificate of Completion, SR-22 filing confirmation, and receipt of payment. You may track your application status using the portal.

For in-person submissions, schedule an appointment online using the MVD's Online Service Page or call (406) 444-3933 to schedule an appointment. You may also access the document at the County Treasurer's office. Please bring a valid ID, SR-22 confirmation, ACT program certificate, and payment receipt. Persons submitting a reinstatement application by mail may include the required documents with the application to the MVD.

What If You're Denied License Reinstatement in Montana?

If your license reinstatement is rejected, you generally receive a written notice from the MVD explaining the reasons for the decline of your request. Generally, the most common reasons for denial include:

• Incomplete documentation, such as a missing ACT program Certificate of Completion, or no SR-22
• Unpaid financial obligations
• Attempting reinstatement before serving the full suspension
• Failure to install an ignition interlock device ordered by the court

If your reinstatement request is declined, address the deficiencies raised, such as completing the ACT phases or paying all outstanding fees. If you believe the denial is erroneous, call the MVD at (406) 444-3933 to ask about filing for a hearing before the department. In addition, you may file a petition in the district court where you were arrested, challenging the denial.

Hardship Licenses: Driving with Limited Privileges

A hardship license, a restricted probationary license, permits drivers whose privileges have been suspended or revoked to operate a vehicle for limited, essential purposes, typically under strict conditions.

To qualify for a hardship license, prove that driving is essential for employment, education, or medical treatment. Applicants typically be aged 13 or older and submit a certification from a medical professional attesting to their stable physical and mental condition.

To apply for a hardship license in Montana, secure a court order confirming your eligibility under House Bill 275. Submit a hardship petition to the Montana DMV's Records and Driver Control Bureau. Provide documentation such as medical certification of fitness, SR-22, proof of hardship, and install ignition interlock devices (IID).

Holding a hardship license has certain limitations, such as:

• Drivers typically operate with an IID
• Drivers cannot exceed time and location limits
• Cannot carry passengers except immediate family members

How Long Does It Take to Get Your License Back After a DUI?

Here is a realistic timeline of how long it typically takes an adult driver to regain driving privileges after a DUI in Montana.