Montana Driving Law

Information on Montana driving law and Montana traffic laws...

Under certain conditions established by Montana law, a driver's license or driving privilege will be withdrawn from someone who violates Montana traffic laws or who is otherwise not entitled to use Montana's highways.

Many people get into serious trouble with their driver's license because they do not understand or inform themselves of the responsibilities of having a license.

Under Montana driving law, there are three separate actions that can be taken against the driver’s license or the privilege to drive. They are:

Suspension of License

A suspension is when a license or driving privilege is temporarily withdrawn, and restored when eligible. Examples of suspension under Montana driving law include:

Driving under the influence (DUI), or operating with a blood alcohol content (BAC) of 0.08 or greater...
- first conviction: 6-month suspension;
- second or subsequent conviction within 5 years: 1-year suspension.
Refusal to submit to alcohol testing (implied consent or preliminary alcohol screening test)...
- first refusal: 6-month suspension;
- second or subsequent refusal: 1-year suspension.
Operation of a vehicle by a person under 21 years of age with a BAC of 0.02% or more...
- first conviction: 90-day suspension;
- second conviction: 6-month suspension;
- third conviction: 1-year suspension.
Commercial driver operating a commercial motor vehicle with a BAC of 0.04% or more...
- first violation: 1-year suspension;
- first violation, if transporting hazardous materials requiring a placard: 3-year suspension;
- second or subsequent violation: suspension for life (reinstatement may be reconsidered after 10 years).
Non-payment of fines or non-appearance on a notice to appear: indefinite suspension until all conditions of court sentence are met.
Failure to pay child support: indefinite suspension until child support obligations are met.
Default on a student loan: indefinite suspension until student loan association notifies Motor Vehicle Division of compliance.
Unsatisfied judgment: 6-year suspension.
Driver medically unable to safely operate a motor vehicle: indefinite unless the medical condition changes.
Minor in possession of alcohol (MIP): see next paragraph

MIP convictions are not recorded on an individual’s Montana Driving Record. However, as part of the penalty for an MIP, judges have the authority to order the suspension of an offender’s driver license. If a judge sends notice of a license suspension resulting from an MIP conviction, the Motor Vehicle Division will suspend the offender’s driver’s license for the number of days ordered by the court and permanently record the withdrawal on the offender’s driving record.

Other Violations Resulting in Suspension of License

Montana driving law and other established rules, regulations and standards mandate that a driver's license is suspended for varied periods lasting from 30 days to one year (or in some cases, indefinitely) for certain violations. These violations include, but are not limited to:

drivers convicted of three reckless driving offenses committed within a period of 12 months
drivers who use a motor vehicle in the theft of motor vehicle fuel
failure to obtain required medical evaluation or submit to testing
fraudulent application for a license to drive
falsifying a date of birth on a driver's license application
altering a driver's license or identification card to obtain alcohol
authorizing another person to use your license or identification card to obtain alcohol
any unlawful use of a driver license

Revocation of License

Revocation is a termination of the license for a specific reason and may not be renewed or restored. Upon expiration of the period of revocation, and the individual meets all of the requirements to be licensed, that individual must then apply for a new license, completing applications, paying all fees and taking all applicable knowledge and skills tests.

Under Montana driving law, the license may be revoked upon being convicted of:

Negligent homicide resulting from the operation of a motor vehicle - 1 year revocation.
Any felony in the commission of which a motor vehicle is used (including 4th offense DUI/BAC violations) - 1 year revocation.
Failure to stop and render aid as required in the event of a motor vehicle accident resulting in the death or personal injury of another - 1 year revocation.
Perjury or the making of false affidavit or statement under oath relating to the ownership or operation of motor vehicles - 1 year revocation.
Negligent vehicular assault involving a motor vehicle - 1 year revocation
Habitual traffic offender accumulating 30 or more conviction points within a three-year period - 3 year revocation.

Cancellation of License

A cancellation is a license that is annulled and terminated because a person is no longer entitled to such license. They may reapply for another license upon meeting certain requirements. Examples of cancellation under Montana driving law include:

The death of the person signing a minor's application.
Fraud and/or falsifying information on an application for a license to drive.
Paying for a driver's license service with a non-sufficient funds check.
Removal of parental consent.
Voluntary surrender of license.
A license is suspended or revoked in another state.

Restoration of License

In accordance with Montana traffic laws, with any suspension, revocation or cancellation, certain requirements must be met before a license to drive may be reissued. Under Montana driving law, these requirements may include, but are not limited to:

Payment of required reinstatement fee;
Filing proof of financial responsibility for 3 years;
Completion of treatment programs;
Surrender of old driver's license;
Retaking driver examination; and
Recommendation of the court.
Interlock device.

Driver Improvement Points and the Habitual Traffic Offender Program

In accordance with Montana driving law, each traffic conviction for violations of Montana traffic laws has a certain amount of points assigned to it as defined in the Habitual Traffic Offender law. These points range from zero (0) to fifteen (15) points.

When determined by the record that an individual has thirty (30) habitual offender points within 3 years, the Driver Control Bureau revokes the license for a period of 3 years.

A person revoked as a Habitual Traffic Offender may apply for a probationary license after serving one year of the three-year revocation if eligible. Depending on the past driving history, proof of financial responsibility must be filed with the Division and all driver license fees must be paid and tests completed before a license is issued.

Points under Montana driving law include:

Deliberate Homicide - 15 points
Negligent Homicide (Vehicular) - 12 points
Negligent Vehicular Assault - 12 points
Felonies (Vehicular) - 12 points
DUI - 10 points
BAC of 0.08 or greater - 10 points
Driving while suspended or revoked - 6 points
Reckless Driving - driving with willful and wanton disregard for the safety of persons and property - 5 points
Drag Racing - 5 points
Insurance Violations - 5 points
Hit and Run (Property) - 4 points
Speeding - 3 points
No Driver's License - 2 points
Other moving violations - 2 points

Under Montana driving law, a person driving while an Habitual Traffic Offender may be imprisoned for a period not to exceed 1 year, fined not more than $1,000, or both. In addition, a 1 year revocation of the license or privilege to drive will be added to the original revocation.

Driving While License is Suspended or Revoked

Under Montana driving law, any person who drives while their license or privilege to drive is suspended or revoked in Montana, or any other jurisdiction, may be fined not more than $500, sentenced to a minimum of two days in jail and have an additional one (1) year period of suspension or revocation added to their record.

In addition, a person operating a motor vehicle while their license is suspended or revoked under Montana driving law for an alcohol offense will have their vehicle seized and rendered inoperable by the court for thirty (30) days.

For more information on Montana driving law, please visit the Montana Department of Justice - Driver Services webpage.

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