Montana · DUI · Checked October 2026

DUI License Suspension in Montana: Hearing Deadline and Hardship License

DUI License Suspension in Montana: What Are the Rules?

You have 30 days to challenge a license suspension after a DUI arrest in Montana.

Deadline to challenge
30 days
How it is counted
The date the peace officer gives you notice of the right to a hearing
Refused test
6 months (first); 1 year for a second or subsequent refusal within 5 years; no probationary license during a refusal suspension
Hardship license
Probationary license

How to Request a Hearing in Montana

file a petition challenging the suspension in district court

Official source: how to request a hearing (Montana)

Suspension if You Refuse a Test in Montana

6 months (first); 1 year for a second or subsequent refusal within 5 years; no probationary license during a refusal suspensionMont. Code Ann. § 61-8-1017 (petition); § 61-8-1032 (refusal suspension); § 61-8-1016

Official source: suspension if you refuse a test (Montana)

Getting a Probationary License in Montana

after a second DUI conviction, only after 45 days of the 1-year suspension and on a court recommendation; after a third or subsequent, only after 90 days and on a court recommendation; none during a refusal suspension

Official source: getting a probationary license (Montana)

More on DUI Law in Montana

See the full overview of DUI laws in Montana and read about hardship licenses in every state.

This page summarizes Montana law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Montana can advise on your case.

Frequently Asked Questions

How Long Do You Have to Request a Hearing in Montana?

30 days. How it is counted: the date the peace officer gives you notice of the right to a hearing.

Can You Get a Hardship License in Montana?

after a second DUI conviction, only after 45 days of the 1-year suspension and on a court recommendation; after a third or subsequent, only after 90 days and on a court recommendation; none during a refusal suspension

Sources

  1. License suspension and hearing: Mont. Code Ann. § 61-8-1017 (petition); § 61-8-1032 (refusal suspension); § 61-8-1016
  2. Hardship license

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.