The License Suspension After a Refusal or a DUI
MCA 61-8-1032 — 6 months for a first refusal, a 5 day temporary permit, and 30 days to petition the court
On a refusal, the officer takes the license and gives a temporary driving permit, effective 12 hours after issuance and valid for 5 days, with written notice of the suspension and the right to a hearing.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.
- A first refusal suspends the license for 6 months, with no restricted probationary license.
- A second refusal within 5 years suspends it for 1 year.
- A refusal also carries an administrative fee of $300.
Within 30 days after the notice, the person may petition the district court in the county of the arrest to challenge the suspension, and the court may stay it pending the hearing.
A first DUI conviction suspends the license for 6 months, and a second or third for 1 year.
Sources for this section (4)
- MCA 61-8-1016 — Implied consent -- tests for alcohol or drugs -- refusal to submit -- administrative suspension of license
- MCA 61-8-1017 — Right of appeal to court
- MCA 61-8-1032 — Mandatory suspension of license following certain implied consent action
- MCA 61-5-208 — Period of suspension or revocation -- limitation on issuance of probationary license -- notation on driver's license
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.