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Montana Traffic Laws: Points, Tickets, License Suspension and DUI

Montana driving rules: point system, speeding points, traffic school, how to pay or fight a ticket, license suspension, DUI limits and penalties.

Quick answers for Montana

Point system
Montana assigns conviction points to identify habitual traffic offenders. A driver who accumulates 30 or more conviction points within a 3-year period is a habitual traffic offender, and the department revokes the license for 3 years (the points that led to the designation are then… MCA 61-11-203, 61-11-211
Points for speeding
Speeding is 3 points (with an exception for certain violations under MCA 61-8-725(2)(a)); most other moving violations are 2 points. MCA 61-11-203(2)(l)–(m)
Legal BAC limit
0.08 for drivers generally; 0.04 for commercial motor vehicle drivers; 0.02 for drivers under 21. 'Aggravated DUI' applies at 0.16 or more. MCA 61-8-1002, 61-8-1001
First-offense DUI penalties
First DUI: 24 consecutive hours to 6 months in jail and a fine of $600 to $1,000 (48 hours to 1 year and $1,200 to $2,000 if a passenger under 16 was in the vehicle). MCA 61-8-1007, 61-8-1009, 61-8-1010, 61-8-1011, 61-5-208

Last verified: 2026-10-27

Tickets and points

Point systemMontana assigns conviction points to identify habitual traffic offenders. A driver who accumulates 30 or more conviction points within a 3-year period is a habitual traffic offender, and the department revokes the license for 3 years (the points that led to the designation are then removed). If one incident produces several convictions, only the highest point value counts.
Source: MCA 61-11-203, 61-11-211
Points for speedingSpeeding is 3 points (with an exception for certain violations under MCA 61-8-725(2)(a)); most other moving violations are 2 points.
Source: MCA 61-11-203(2)(l)–(m)
How long points lastPoints count toward habitual-offender status within a 3-year period. The Montana basic driver record is a compilation of the person's lifetime driving history, including convictions, sanctions and accidents.
Source: MCA 61-11-203; DOJ, Guide to Understanding the Montana Driver Record
Paying or looking up a ticket onlineTraffic tickets are handled by Montana's courts of limited jurisdiction (justice, city and municipal courts). The Montana Judicial Branch's Limited Courts page links to an online "Pay a traffic ticket or other fine" service (CitePay). Courts that do not accept online payment take payment directly; contact the court named on the ticket.
Source: Montana Judicial Branch, About Limited Courts

License suspension

License suspensionVerified grounds include habitual traffic offender status (30 points in 3 years; 3-year revocation), a DUI conviction (6-month suspension for a first offense; 1 year for a second within the lookback period), and refusing a chemical test (6 months for a first refusal, 1 year for a second within 5 years). Reinstatement requires completing the suspension and paying all reinstatement and administrative fees.
Source: MCA 61-11-211, 61-5-208, 61-8-1032
Hardship or restricted licenseAfter a first DUI conviction, the court may recommend a probationary license, which can be conditioned on an ignition interlock or a 24/7 sobriety and drug monitoring program. After a second DUI, a probationary license is available only after 45 days of the 1-year suspension and with a court recommendation. No restricted probationary license is available during a test-refusal suspension.
Source: MCA 61-8-1010, 61-5-208, 61-8-1032
Checking and reinstating a licenseA driver's license suspended or revoked under Mont. Code Ann. § 61-5-205 or § 61-8-1016 stays suspended or revoked until the driver pays the Department of Justice (Motor Vehicle Division) a $200 reinstatement fee, in addition to any fines and penalties from the conviction.
Source: Mont. Code Ann. § 61-2-107

DUI / DWI

Legal BAC limit0.08 for drivers generally; 0.04 for commercial motor vehicle drivers; 0.02 for drivers under 21. 'Aggravated DUI' applies at 0.16 or more.
Source: MCA 61-8-1002, 61-8-1001
First-offense DUI penaltiesFirst DUI: 24 consecutive hours to 6 months in jail and a fine of $600 to $1,000 (48 hours to 1 year and $1,200 to $2,000 if a passenger under 16 was in the vehicle). The mandatory minimum jail term generally cannot be served on home arrest, and sentence may not be deferred. The person must complete a chemical dependency assessment and education course. The department suspends the license for 6 months; the court may recommend a probationary license with conditions such as an ignition interlock or 24/7 sobriety monitoring.
Source: MCA 61-8-1007, 61-8-1009, 61-8-1010, 61-8-1011, 61-5-208
When a DUI is a felonyA 4th or subsequent DUI is a felony in Montana. It applies when the person has three or more prior convictions for DUI, aggravated DUI, or certain related offenses (such as vehicular homicide while under the influence or negligent vehicular assault). For a 3rd or later offense, all previous convictions count, not just those within 10 years. A conviction for vehicular homicide while under the influence (45-5-106) or vehicular assault (45-5-107) also triggers the felony penalty. Penalties: 13 months to 2 years committed to the Department of Corrections (with possible placement in a residential alcohol treatment program), followed by a 5-year suspended prison term, and a $5,000 to $10,000 fine. Repeat felony offenders can get up to 10 years in state prison.
Source: MCA 61-8-1008, 61-8-1011(1)(b)
Refusing a breath testRefusing a blood, breath or other test leads to a license suspension of 6 months for a first refusal, or 1 year for a second or later refusal within 5 years of a previous refusal, with no restricted probationary license. An administrative fee of $300 applies. The officer issues a temporary permit valid for 5 days.
Source: MCA 61-8-1016, 61-8-1032
DUI lookback period10 years for second offenses: an offender is considered previously convicted if less than 10 years have passed between the current offense and a previous conviction. For a third or subsequent offense, all previous convictions are used for sentencing.
Source: MCA 61-8-1011(1)(b)
How long a DUI stays on your recordA Montana basic driver record covers a person's whole driving history, including convictions and sanctions, so a DUI stays on the driving record for life. For sentencing, prior DUIs generally count if they were within 10 years. For a 3rd or later offense, every previous conviction counts. Under Montana insurance law, a conviction older than 3 years that comes only from a driver record may not be used to set insurance rates or eligibility.
Source: DOJ, Guide to Understanding the Montana Driver Record; MCA 61-8-1011(1)(b); MCA 33-18-210(9)
Sobriety checkpointsMontana law does not list DUI sobriety checks as a purpose for roadblocks. Police may set up temporary roadblocks only to catch wanted persons, respond to an active emergency, or address areas with many known causes of serious crashes. At these roadblocks, officers may check license, registration and insurance. At a crash-area roadblock, officers may not ticket for secondary offenses. That kind of roadblock needs a written, supervisor-approved plan that sets a fixed pattern for which vehicles are stopped, and the media must be told at least 48 hours ahead.
Source: MCA 46-5-502, 46-5-510

Where to get help in Montana

Traffic Tickets & DUI FAQ

How does the driver point system work in Montana?
Montana assigns conviction points to identify habitual traffic offenders. A driver who accumulates 30 or more conviction points within a 3-year period is a habitual traffic offender, and the department revokes the license for 3 years (the points that led to the designation are then removed). If one incident produces several convictions, only the highest point value counts.
How many points is a speeding ticket in Montana?
Speeding is 3 points (with an exception for certain violations under MCA 61-8-725(2)(a)); most other moving violations are 2 points.
How long do points stay on your license in Montana?
Points count toward habitual-offender status within a 3-year period. The Montana basic driver record is a compilation of the person's lifetime driving history, including convictions, sanctions and accidents.
How do I pay or look up a traffic ticket online in Montana?
Traffic tickets are handled by Montana's courts of limited jurisdiction (justice, city and municipal courts). The Montana Judicial Branch's Limited Courts page links to an online "Pay a traffic ticket or other fine" service (CitePay). Courts that do not accept online payment take payment directly; contact the court named on the ticket.
How do I check if my license is suspended and get it reinstated in Montana?
A driver's license suspended or revoked under Mont. Code Ann. § 61-5-205 or § 61-8-1016 stays suspended or revoked until the driver pays the Department of Justice (Motor Vehicle Division) a $200 reinstatement fee, in addition to any fines and penalties from the conviction.
What gets your license suspended in Montana?
Verified grounds include habitual traffic offender status (30 points in 3 years; 3-year revocation), a DUI conviction (6-month suspension for a first offense; 1 year for a second within the lookback period), and refusing a chemical test (6 months for a first refusal, 1 year for a second within 5 years). Reinstatement requires completing the suspension and paying all reinstatement and administrative fees.
What is the legal blood alcohol limit in Montana?
0.08 for drivers generally; 0.04 for commercial motor vehicle drivers; 0.02 for drivers under 21. 'Aggravated DUI' applies at 0.16 or more.
What is the penalty for a first DUI in Montana?
First DUI: 24 consecutive hours to 6 months in jail and a fine of $600 to $1,000 (48 hours to 1 year and $1,200 to $2,000 if a passenger under 16 was in the vehicle). The mandatory minimum jail term generally cannot be served on home arrest, and sentence may not be deferred. The person must complete a chemical dependency assessment and education course. The department suspends the license for 6 months; the court may recommend a probationary license with conditions such as an ignition interlock or 24/7 sobriety monitoring.
What happens if you refuse a breathalyzer in Montana?
Refusing a blood, breath or other test leads to a license suspension of 6 months for a first refusal, or 1 year for a second or later refusal within 5 years of a previous refusal, with no restricted probationary license. An administrative fee of $300 applies. The officer issues a temporary permit valid for 5 days.
How long does a DUI count as a prior offense in Montana?
10 years for second offenses: an offender is considered previously convicted if less than 10 years have passed between the current offense and a previous conviction. For a third or subsequent offense, all previous convictions are used for sentencing.
Can you get a hardship license in Montana?
After a first DUI conviction, the court may recommend a probationary license, which can be conditioned on an ignition interlock or a 24/7 sobriety and drug monitoring program. After a second DUI, a probationary license is available only after 45 days of the 1-year suspension and with a court recommendation. No restricted probationary license is available during a test-refusal suspension.
Is a DUI a felony in Montana?
A 4th or subsequent DUI is a felony in Montana. It applies when the person has three or more prior convictions for DUI, aggravated DUI, or certain related offenses (such as vehicular homicide while under the influence or negligent vehicular assault). For a 3rd or later offense, all previous convictions count, not just those within 10 years. A conviction for vehicular homicide while under the influence (45-5-106) or vehicular assault (45-5-107) also triggers the felony penalty. Penalties: 13 months to 2 years committed to the Department of Corrections (with possible placement in a residential alcohol treatment program), followed by a 5-year suspended prison term, and a $5,000 to $10,000 fine. Repeat felony offenders can get up to 10 years in state prison.
How long does a DUI stay on your record in Montana?
A Montana basic driver record covers a person's whole driving history, including convictions and sanctions, so a DUI stays on the driving record for life. For sentencing, prior DUIs generally count if they were within 10 years. For a 3rd or later offense, every previous conviction counts. Under Montana insurance law, a conviction older than 3 years that comes only from a driver record may not be used to set insurance rates or eligibility.
Are DUI checkpoints legal in Montana?
Montana law does not list DUI sobriety checks as a purpose for roadblocks. Police may set up temporary roadblocks only to catch wanted persons, respond to an active emergency, or address areas with many known causes of serious crashes. At these roadblocks, officers may check license, registration and insurance. At a crash-area roadblock, officers may not ticket for secondary offenses. That kind of roadblock needs a written, supervisor-approved plan that sets a fixed pattern for which vehicles are stopped, and the media must be told at least 48 hours ahead.

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.