Montana's Penalties for Driving on a Suspended License

Driving on a suspended license in Montana is a criminal offense, not a traffic violation. The penalty depends on whether your suspension was for a DUI conviction, a failure to pay fines or child support, or another reason — and whether this is your first offense or a repeat violation.

A first offense of driving with a suspended license carries a fine of $300 to $1,000 and up to 6 months in county jail. If your license was suspended because of a DUI conviction, the penalties are steeper: a fine of $500 to $1,500 and up to 1 year in jail. Repeat offenses within 10 years carry mandatory jail time and higher fines.

Montana law also requires the court to impose an additional license suspension on top of your existing one. This means you cannot straightforward wait out your original suspension and drive again — the court will extend it as part of your sentence.

Key Takeaways

  • Driving on a suspended license in Montana is a criminal misdemeanor, not a civil traffic offense, and can result in jail time and fines.
  • First-time offenders face fines of $300 to $1,000 and up to 6 months in jail; DUI-related suspensions carry fines of $500 to $1,500 and up to 1 year in jail.
  • The court will impose an additional license suspension beyond your original one, extending the total time you cannot drive.
  • Repeat offenses within 10 years carry mandatory jail sentences and significantly higher fines.
  • Your vehicle can be impounded, and you may face civil liability if you cause an accident while driving suspended.

How Montana Courts Handle First Offenses

For a first offense, Montana courts have discretion within the statutory range. A judge may impose the minimum fine of $300 with no jail time, or the maximum of $1,000 with 6 months in jail. The actual sentence often depends on the reason for your suspension, your driving record, and whether you were cooperative with law enforcement.

If your suspension was administrative — for example, because you failed to pay a traffic fine or child support — courts tend toward the lower end of the penalty range. If your suspension was for a DUI or reckless driving conviction, expect a harsher sentence. The court will also consider whether you were aware your license was suspended and whether you made any effort to restore it.

Even if you receive no jail time, the fine goes on your record, and you will face an additional license suspension. This second suspension typically lasts 6 months to 1 year, meaning you cannot drive legally even after your original suspension ends.

Penalties for Repeat Offenses Within 10 Years

A second offense of driving on a suspended license within 10 years of the first is a felony in Montana. The penalty is a fine of $500 to $5,000 and 2 to 5 years in prison. A third or subsequent offense carries a fine of $1,000 to $10,000 and 3 to 10 years in prison.

The 10-year window is measured from the date of your first conviction, not from when your license was first suspended. This means even if years have passed since you last drove suspended, a new offense can still be treated as a repeat violation if it falls within that decade.

Felony convictions carry collateral consequences beyond the sentence itself: you lose the right to vote, you cannot own firearms, and many employers will not hire you. A felony record also affects housing, professional licensing, and student loan may be able to access.

Vehicle Impoundment and Towing Costs

When you are stopped for driving on a suspended license in Montana, law enforcement can impound your vehicle. The cost to retrieve it includes the towing fee (typically $150 to $300), a storage fee ($25 to $50 per day), and an administrative fee charged by the impound lot.

You cannot retrieve your vehicle until you pay all impound costs in full. If your vehicle remains impounded for more than 30 days without being claimed, the lot may sell it to cover the fees. Some impound lots will work with you on a payment plan, but this is not required by law.

If a family member or friend retrieves the vehicle on your behalf, they will need proof of vehicle ownership and a signed authorization from you. They will still have to pay all accumulated fees.

DUI-Related Suspensions and Enhanced Penalties

If your license was suspended because of a DUI conviction, driving on that suspension is treated more severely than other types of suspension. The fine jumps to $500 to $1,500, and jail time increases to up to 1 year for a first offense.

Montana also has an "implied consent" law: when you were arrested for DUI, you were required to submit to a breath or blood test. Refusing that test results in an automatic license suspension separate from any criminal conviction. Driving on a refusal suspension carries the same enhanced penalties as driving on a DUI-conviction suspension.

If you are convicted of driving on a suspended license related to DUI, the court will impose yet another suspension on top of the original one. This layering of suspensions can result in years of driving prohibition.

What Happens If You Cause an Accident While Suspended

If you are involved in an accident while driving on a suspended license, you face both criminal charges and civil liability. The other driver or their insurance company can sue you for damages, and your own insurance will likely deny coverage because you were driving illegally.

This means you could be personally responsible for medical bills, vehicle repairs, lost wages, and pain-and-suffering damages — potentially tens of thousands of dollars. If the accident caused serious injury or death, you could face felony charges in addition to the suspended-license charge.

Montana courts have upheld judgments against drivers who caused accidents while suspended, even when the accident was not their fault. The fact that you were driving illegally is enough to shift liability in many cases.

How to Restore Your License After a Suspension

To restore your license after a suspension, you must first determine why it was suspended. Contact the Montana Department of Justice, Driver Services Bureau, at (406) 444-3933 or visit their website to check your suspension status and the requirements for reinstatement.

If your suspension was for unpaid fines, you must pay them in full. If it was for unpaid child support, you must contact the Montana Child Support Enforcement Division and make arrangements to pay or establish a payment plan. If it was for a DUI, you may need to complete a substance abuse treatment program and pay a reinstatement fee.

Once you have met all requirements, you can explore for reinstatement. The Driver Services Bureau will issue a new license, and you can legally drive again. Do not drive before your suspension is officially lifted — even one day early is a violation.

Frequently Asked Questions

Can I get a work permit to drive during my suspension?

Montana does not issue work permits or restricted licenses for suspended drivers. If your license is suspended, you cannot drive for any reason, including work. Your only option is to complete the reinstatement requirements and restore your full license.

What if I did not know my license was suspended?

Lack of knowledge is not a defense in Montana. The law assumes you are responsible for knowing your license status. If you received a notice of suspension by mail and did not read it, or if you moved and did not update your address with the DMV, you are still guilty of driving suspended.

Do I need a lawyer for a suspended-license charge?

Because driving on a suspended license is a criminal offense, having a lawyer can make a significant difference. A lawyer can negotiate with the prosecutor, challenge the legality of the traffic stop, or argue for reduced penalties. Public defenders are available if you cannot afford a private attorney.

Will this charge show up on a background check?

Yes. A conviction for driving on a suspended license is a criminal misdemeanor and will appear on background checks for employment, housing, and professional licensing. Felony convictions (second and subsequent offenses) are permanent parts of your record.

Can I get the charge dismissed if I restore my license before trial?

Restoring your license does not dismiss the criminal charge. The charge is based on your conduct at the time of the stop, not on your current license status. You must still appear in court and face the charge, though a judge may consider your reinstatement effort as a mitigating factor at sentencing.