Suspended – Revoked License in Montana

(SEE BELOW FOR COMMERCIAL DRIVER LICENSE (CDL) INFORMATION)

There is a difference between having your Montana driver’s license suspended and having it revoked.

• A suspension means you cannot drive for a certain period of time, but can get your license back later.
• A revocation of your license means your driver’s license is cancelled, and you will need to submit to an investigation before you can obtain another license.

Insurance companies keep a close watch on license suspensions / revocations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums. It is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice. Additionally, you will face Heavy Fines and Reinstatement Fees, and Points on your driver’s license! All this information can be found on our website. You could also contact Ticket Counsel absolutely FREE!!!

There are a variety of reasons why your Montana driver’s license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. The following are some of the most common reasons for a Montana driver’s license to be suspended or revoked.

• Excessive Moving Violations: The state of Montana operates on a point system, in which drivers accumulate points on their license for every moving violation they commit. If you accumulate points for 3 or more reckless driving incidents in 12 months on your current driver record, your license will be suspended.
• Driving Under the Influence: Your Montana driver’s license will be suspended if you are found guilty of driving under the influence of alcohol or drugs. The length of the suspension depends on the severity of the violation and whether it is a first or repeat offense. If your blood alcohol content (BAC) is found to be 0.08% or more, your license will be suspended for 6 months if it is a 1st conviction and for 1 year for 2nd and subsequent convictions. Refusing to take the alcohol test will also result in suspension of your license. Similarly, it is 6 months for the 1st conviction and 1 year for 2nd and subsequent convictions.
• Minors convicted of DUI: If you are a minor and charged with having a BAC of 0.02% or more, your license will be suspended for 90 days for the 1st offense, 6 months for the 2nd offense, and 1 year for the 3rd offense.
• Driving with a Suspended License or No License: Driving with a suspended license will lead to an increase in the length of the suspension, and you may also be imprisoned for up to 5 years. The duration of the additional suspension varies depending on the reason for the underlying suspension. Your driver’s license may also be suspended if you do not have your license with you while you are driving.
• Driving without Insurance: All motor vehicles driven in Montana must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended.
• Other Driving-Related Violations: Your Montana driver’s license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, or if you abandon your vehicle on a public highway. Other reasons include 3 convictions of reckless driving within 1 year, using a motor vehicle to steal motor vehicle gas, giving false information while applying for a driving license, giving a false date of birth on a driving license application, changing a driver’s license or ID card to obtain liquor, allowing another person to use your driving license or ID to obtain alcohol, any unlawful use of a driver’s license and failing to obtain medical evaluation or take tests. The suspension period can be anywhere between 30 days to 12 months and sometimes indefinitely.
• Physical or Psychological Disqualification: The Motor Vehicle Division can order a re-examination of any person who may not be fit to drive. An individual’s driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely. This suspension can be indefinite until the medical condition improves.
• Non-Driving Reasons for License Suspension: A variety of non-driving violations or issues can result in your license being suspended. These include not responding to a Motor Vehicle Division notice or not appearing in court, failing to pay traffic tickets, fines or surcharges, defaulting on a student loan, unsatisfied judgment and not paying child support. These offenses will result in indefinite suspension until all the charges have been complied with and the MVD is notified of the same. A conviction of unsatisfied judgment will result in a 6-year suspension.
• Minors in Possession of Alcohol (MIP): If you are a minor convicted of this charge, your license will be confiscated by the court for 30 days for a 1st offense and 6 months for 2nd or subsequent offenses.
• Commercial Driver Suspension: If you are a commercial driver and are operating a vehicle with a BAC of 0.04% or more your license will be suspended for 1 year if it is a first conviction. If it is a first conviction and you are transporting hazardous material, the suspension period is 3 years. Second and subsequent suspensions will result in your license being suspended for life. A reinstatement may be considered after 10 years.
• Failing to Complete a Substance Abuse Course: The first time you fail to complete the course will result in a 3-month suspension. The 2nd time will result in a 9-month suspension, and the 3rd or subsequent failure will result in a 12-month suspension.

If you receive a notice of suspension from the MVD, and you wish to challenge the suspension, you may request a hearing in court. You have 30 days after your license has been suspended to petition to appeal. An administrative law judge or the MVD Chief Administrator will hear your case, and determine whether your driver’s license should be suspended or not. In addition, drivers whose license may be suspended due to accumulating excessive points may be eligible to enroll in a Driver Improvement Program. Completing a Driver Improvement Program removes 2 points from the current driving record, and in some cases can enable an individual to avoid having their license suspended. It is also a good idea to seek the advice of a traffic ticket lawyer or a DUI-DWI lawyer, based on the reason for the suspension. You can contact the MVD customer service line at (406) 444-3933 for more information.

If your MT driver’s license is suspended or revoked, you might be eligible for a probationary license. If granted, this would allow you to drive to and from work, school, or medical appointments/treatment programs. To apply, you must complete an Application for Restricted Probationary License. For questions about this, and how to obtain a form, contact the Motor Vehicle Division at:

Motor Vehicle Division
 Department of Justice 
Scott Hart Building, 2nd Floor

303 North Roberts

P.O. Box 201430

Helena, MT 59620-1430

You can contact the MVD customer service line at (406) 444-3933 for more information.

You will receive a notice from the MVD after you have completed your suspension period. The notice will include complete instructions regarding how to get your license back. Generally, you will need to:

• Pay a restoration fee. The fee can be paid in person at a County Treasurer’s office. You can also mail a check or money order payable to: Motor Vehicle Division

Montana Department of Justice

303 N. Roberts

P.O. Box 201430

Helena, MT 59620-1430

• Include the following information with your payment: full name, driver’s license number, and date of birth.
• Pay all fines related to your offense.
• Provide proof of auto insurance.
• Complete court-ordered treatment programs.
• Install ignition interlock device.
• Take any applicable exams.
• Apply for a standard license renewal to obtain a new license.

Contact the MVD Customer Service Center at (406) 444-3933 with questions about reinstatement. Note that after your license is restored, you may be subject to a probation period of 1 year, during which any new violations may result in an additional suspension of your Montana driver’s license.

CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. When it comes to commercial driver laws, the Montana Motor Vehicle Division uses federal standards to guide its enforcement of CDL standards. Federal law outlines a number of violations that can lead to the disqualification of your CDL.

You must notify your employer within 30 days if you’re convicted of any traffic violation (with the exception of parking), regardless of the vehicle you were driving. You must also notify your employer within 2 business days if your license is suspended, revoked, cancelled, or you are disqualified from driving.

Major Offenses: Major offenses will result in CDL disqualification in Montana, whether the offense took place in a commercial vehicle (CMV) or personal vehicle. These offenses include:

• Driving while over the limit for blood alcohol concentration (0.04% in a CMV).
• Refusal to test for blood alcohol concentration.
• Leaving the scene of an accident.
• Causing a fatality because you operated the CMV negligently.
• Felony for use of a CMV for the transportation of controlled substances: (This is an automatic and irreversible lifetime disqualification.)
• Driving a commercial vehicle while your CDL is suspended: You face heavy fines and even jail time. Employers who allow drivers to operate a CMV without a valid CDL face the same penalties.

For most of these offenses, your Montana CDL will be disqualified for the following terms:

• 1st violation: 1 year. 3 years if transporting hazardous materials.
• 2nd violation: Lifetime disqualification.

NOTE: Any detectable amount of alcohol in your blood leads to consequences if you’re driving a CMV. If your blood alcohol concentration tests for any alcohol below the legal limit, you will receive an out-of-service order for 24 hours.

Serious Violations: Committing a serious violation in a commercial vehicle will result in your Montana CDL disqualification. These offenses include:

• Excessive speeding.
• Reckless driving.
• Illegal passing.
• Improper or erratic lane changing.
• Following too closely.
• Causing a fatality by ignoring traffic control laws (with the exception of parking laws).
• Driving a CMV without a CDL, without a CDL on you, or without having obtained the proper endorsements.

You face the following disqualification terms for serious offenses accumulated within 3 years:

• 60 days upon your 2nd offense.
• 120 days upon your 3rd offense.

Railroad-Highway Grade Crossing Offenses: The following railroad crossing violations will lead to suspension of your CDL privileges:

• Failure to slow down to ensure that tracks are clear.
• Failure to stop when tracks are not clear.
• Failure to stop before driving onto crossing.
• Failure to obey a traffic control device or officer.
• Failure to ensure undercarriage clearance.

You face the following CDL disqualification penalties for RRHGC violations:

• 1st violation: Minimum of 60 days.
• 2nd violation within 3 years: Minimum of 120 days.
• 3rd violation and any subsequent violations within 3 years: Minimum of 1 year.

Out-of-Service Offenses: Your CDL will be disqualified for the following time periods of violating an out-of-service order within a period of 10 years:

• 90 days for your 1st offense.
• 2 years for your 2nd offense.
• 3 years for your 3rd offense.

Violations in Your Personal Vehicle: If your driver’s license has been suspended or revoked due to traffic violations in your personal vehicle (other than parking violations), your CDL will also be disqualified.

In order to reinstate your CDL, you may have to fulfill requirements given to you by the Montana MVD and/or court. Common reinstatement requirements for suspensions include:

• Waiting until you are eligible for reinstatement.
• Payments of all reinstatement fees.
• Payment of all fines related to your offense.
• Providing proof of MT auto insurance.
• Completion of any court-ordered treatment programs.
• Installation of ignition interlock device.
• Application for a new CDL.

To learn more about your specific requirements, contact the MVD customer service at (406) 444-3933.

Fees for Suspended Montana CDLs

Your CDL reinstatement may require you to pay a fee that is separate from any fines or penalties associated with your violation. For more information about your reinstatement fee, contact the MVD customer service at (406) 444-3933.