The Basics

Recklessness is the dominant, but not exclusive, theme behind having your license revoked or suspended in Montana. The State does allow for you to challenge any revocation or suspension by filing a petition in court (Montana Code Annotated 61-8-403), but there are no guarantees.

Keep in mind that not all suspensions are vehicle related. Your driver's license can also be suspended indefinitely for defaulting on a student loan or avoiding child-support payments.

Check Your Driver's License Status

Whenever you need or want to check the status of your driver’s license, you can order a driving record report. This record will spell out if your driver’s license is currently valid. Should your license have been revoked or suspended, the report will indicate that according to what’s on record at the DOJ. This report will also show points against your license and, in some cases, information on any accidents you have had.

Reasons for Suspension

• Driving under the influence (DUI) with a blood alcohol count (BAC) of .08% or higher will result in a six-month suspension for a first offense or a one-year suspension for any subsequent offenses.

• Refusing an alcohol test will result in a six-month suspension or a one-year suspension for any subsequent refusals.

• Operating a vehicle while 21 or younger with an alcohol concentration of .02% or higher will cost you a 90-day suspension on the first offense, a six-month suspension on the second offense, and a one-year suspension on the third offense.

• If you're a commercial driver with an alcohol concentration of .04% or higher, you will be slapped with a one-year suspension on the first offense (three years if you're hauling hazardous materials that require a placard to transport), and a lifetime suspension if you're caught a second time.

• If you're issued three reckless driving offenses (speeding, running stop signs) during a 12-month period, your license can be suspended for up to one year.

• Driving off without paying for fuel may result in a one-year suspension.

Reasons for Revocation

• Conviction of a negligent homicide with a vehicle will cost you a one-year revocation of your license.

• A conviction of a felony in which a vehicle is used (including a fourth DUI offense) will result in a one-year revocation.

• Driving away from an accident that causes injury or death will result in a one-year revocation.

• Making a false statement while under oath relating to the ownership or operation of a motor vehicle will cost you a one-year revocation.

• Negligent vehicular assault involving a motor vehicle will result in a one-year revocation.

• Amassing 30 or more driving violation points (speeding, DUI, etc.) within a three-year span will cost you a three-year revocation.

All revocations go into immediate effect upon court conviction. During revocation your license cannot be renewed or restored.

License Restoration

After your suspension or revocation period ends, you will be allowed to have your license reinstated. But to do so you will need to meet a range of requirements that, depending on your situation, may include: payments of all reinstatement fees; providing proof of financial responsibility for three years; completion of court imposed treatment programs; the surrendering of your old driver's license; passing driving exams; and fitting your vehicle with an interlock device.

You will receive a 50% discount on your license reinstatement fee if you provide proof of successfully completing a department-approved driver rehabilitation program. For a list of approved programs contact the Motor Vehicle Division at the above address.

All required fees must be paid to the county treasurer's office of the county from which you were convicted. All accept cash and checks, and as of late, some are now allowing credit card payments.

Probationary License

Some suspensions and revocations are open to probationary licenses. If granted, this would allow you to drive to and from work.

To apply you must complete an Application for Restricted Probationary License. For questions about this, contact the Motor Vehicle Division at:

• Motor Vehicle Division

• Department of Justice

• Scott Hart Building, Second Floor

• 303 North Roberts

• P.O. Box 201430

• Helena, MT 59620-1430

• (406) 444-3933

• mvd@mt.gov

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