Being charged with a DUI is stressful. In addition to the criminal penalties associated with the charge, you will also have to deal with a suspension of your driver’s license. In Montana, we have two common types of license suspensions as it relates to DUIs. The first is a suspension of your license for refusing to take a breath or blood test after law enforcement requests one. The second is a suspension that occurs once you are convicted of a DUI. Resolving these suspensions can get complicated, especially if you have a license out of a different state. Working with an attorney will not only benefit you on the underlying DUI, but will help you navigate the DMV system and prevent future licensing issues.
Montana DUI and Montana Driver’s License.
If you are convicted of a DUI in Montana and have a Montana driver’s license, there will be a suspension of your license. The length of suspension will depend on how many prior convictions you have on your driving record. For a first offense DUI, the length of suspension is six months. In most cases, you may receive a probationary driver’s license that allows you to drive during that suspension period. However, to be eligible, the sentencing judge must recommend a probationary license on the sentencing order. Depending on which court your case is in, and if your BAC was over a .16, you may be required to get an ignition interlock device before you can apply for a probationary license.
For a second or subsequent DUI conviction within 10 years, the suspension term is 1 year and there are limitations on when and how you can obtain a probationary license. On a second DUI, there is a 45-day waiting period before you may be eligible for a probationary license. On a third DUI the waiting period increases to 90 days. You will be required to get an ignition interlock device before obtaining a probationary license. Enrolling in 24/7 testing or getting a SCRAM monitor may allow you to get a probationary license during the waiting period.
Once your period of suspension is complete, you must pay a reinstatement fee to the DMV. They will not automatically give you your license back. Failure to pay the reinstatement fee can lead to future issues for driving on a suspended license, which can include jail time and additional suspensions of your driver’s license.
Montana DUI and Out of State License
If you have been charged with a DUI in Montana but your license was issued from another state, you will be subject to the suspension penalties of your issuing state. The suspension periods and penalties will vary so it is important to reach out to your local DMV as soon as possible to see what will happen to your license if you are convicted. Some states will allow a probationary license, and some do not. Some states require you to complete alcohol programs that meet their state requirements before being eligible for a probationary license. It is important to find out the details in advance, so you can work them into a plea agreement or have them addressed at sentencing by the judge. It is important to note that even if the Montana court gives a recommendation for a probationary license, it does not mean that your issuing state will honor it. In fact, they usually do not! Being armed with this information before a conviction is essential.
If you are eligible to get a Montana Driver’s license, it is highly recommended that you get one prior to sentencing. Switching to a Montana Driver’s license will streamline the suspension and probationary license process.
Out of State DUI and Montana License
If you have been charged with a DUI out of state but hold a Montana license, you will be subject to the 6 months to 1 year penalties outlined above. The Montana DMV will not honor an out of state recommendation for a probationary license, but they will usually issue a probationary license on a first offense DUI. If your out of state conviction is for a 2nd or subsequent DUI, probationary licenses are not guaranteed, but may be issued on a case-by-case basis. Before getting sentenced on an out of state DUI, you must confirm with the Montana DMV what they will require for you to be eligible for a probationary license, including whether or not they will require a Montana alcohol course to be completed.
Refusal Suspensions
If you are suspended from a refusal to provide a breath or blood test you are not eligible for a probationary license. If it is your first refusal the suspension is for 6 months. If it is a second or subsequent refusal the suspension will be for 1 year. However, within 30 days of a refusal you can petition the court to put the suspension on hold (essentially reinstate your license) and request a hearing on the suspension. Unfortunately, only a private attorney can assist you in navigating this process, as it is considered a civil matter and the public defender will not be appointed.
Call Watson Law at (406) 586-4707 to schedule a free consultation. We will give you tailored advice to fit the particulars of your case.
