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
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
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
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