Montana · DUI · Checked October 2026
Refusing a Breath or Blood Test in Montana
Refusing a Breath or Blood Test in Montana: What Are the Rules?
What happens if you refuse a breath or blood test in Montana.
- Refusal penalty
- License seized and suspended 6 months for a first refusal, 1 year for a second or subsequent refusal within 5 years; the officer issues a temporary permit valid 5 days; refusing a breath test after a prior implied consent suspension makes a DUI aggravated
- License suspension for refusing
- 6 months (first); 1 year for a second or subsequent refusal within 5 years; no probationary license during a refusal suspension
- Deadline to challenge
- 30 days
Refusal Penalties in Montana
license seized and suspended 6 months for a first refusal, 1 year for a second or subsequent refusal within 5 years; the officer issues a temporary permit valid 5 days; refusing a breath test after a prior implied consent suspension makes a DUI aggravatedMont. Code Ann. § 61-8-1016; § 61-8-1032
License Suspension for Refusing 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
More on DUI Law in Montana
See the full overview of DUI laws in Montana and read about implied consent laws 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
What Happens if You Refuse a Breath Test in Montana?
license seized and suspended 6 months for a first refusal, 1 year for a second or subsequent refusal within 5 years; the officer issues a temporary permit valid 5 days; refusing a breath test after a prior implied consent suspension makes a DUI aggravated
How Long Is the Suspension for Refusing?
6 months (first); 1 year for a second or subsequent refusal within 5 years; no probationary license during a refusal suspension