What happens to your license after a second DUI in Montana
A second DUI conviction in Montana results in a mandatory license suspension, not a revocation. The difference matters: suspension is temporary and can be lifted; revocation is permanent unless you petition to have it set aside. After a second offense, your license is suspended for a minimum of one year from the date of conviction, and you cannot drive legally during that time — not even with a restricted license for work or medical appointments.
Montana law treats a second DUI as a felony if it occurs within ten years of your first conviction. The suspension period can extend beyond one year if you refused a breath or blood test, if your blood alcohol content was very high, or if there were aggravating circumstances like a minor in the vehicle. The Montana Department of Justice, Motor Vehicle Division handles all suspensions and reinstatement decisions.
You become may be able to access to request reinstatement only after the minimum suspension period has passed. Reinstatement is not automatic — you must take specific steps and meet all requirements before your driving privileges are restored.
Key Takeaways
- Your Montana license is suspended for at least one year after a second DUI conviction, and you cannot drive during this time under any circumstances.
- You must complete a substance abuse evaluation and treatment program before the Motor Vehicle Division will consider reinstatement.
- You will need to file an SR22 form (proof of financial responsibility) with your insurance company and submit it to the Motor Vehicle Division.
- Reinstatement requires a written request to the Motor Vehicle Division, proof of completion of all court-ordered programs, and payment of a reinstatement fee.
- After reinstatement, you will face higher insurance rates, a possible ignition interlock device requirement, and a probationary period with restricted driving privileges.
Substance abuse evaluation and treatment requirements
Before you can request reinstatement, Montana courts require you to complete a substance abuse evaluation performed by a licensed evaluator. This evaluation determines whether you need treatment and, if so, what level. The evaluation is not optional and is typically ordered as part of your sentencing. You pay for the evaluation yourself — costs vary but typically range from $300 to $600 depending on the evaluator.
Based on the evaluation results, you may be ordered to complete treatment. Treatment can range from outpatient counseling (weekly sessions) to inpatient rehabilitation (residential stay). The court decides the level based on the evaluator's recommendation and your criminal history. You must complete whatever program the court orders before you can request reinstatement. The Motor Vehicle Division will not consider your request without proof of completion.
Keep all documentation from your evaluator and treatment provider. You will need to submit proof of completion to the Motor Vehicle Division as part of your reinstatement request. If the court did not order treatment (only evaluation), you still need the evaluation report showing completion.
SR22 insurance requirement and how to obtain it
An SR22 is a form that proves you carry the minimum required auto insurance. Montana requires you to file an SR22 for at least three years after a second DUI conviction. You cannot obtain an SR22 yourself — your insurance company files it on your behalf after you purchase a policy.
Finding an insurance company willing to insure you after a second DUI is harder than after a first offense. Some major insurers will not write policies for drivers with two DUIs within ten years. You may need to contact insurers that specialize in high-risk drivers. Once you have a policy, ask your agent to file the SR22 with the Montana Motor Vehicle Division. The filing fee is typically $25 to $50, paid to the Motor Vehicle Division, not your insurer.
Your SR22 must be filed before you request reinstatement. If your policy lapses or is cancelled during the three-year period, the insurance company must notify the Motor Vehicle Division, and your license will be suspended again. Keep your policy active and paid in full throughout the entire period.
Steps to request reinstatement from the Motor Vehicle Division
Once your minimum suspension period has ended and you have completed all court-ordered requirements, you can request reinstatement. Contact the Montana Motor Vehicle Division in person, by mail, or through their website to obtain the reinstatement request form. You will need to provide your driver's license number, the case number from your DUI conviction, and proof of completion of all programs.
Submit the following documents with your reinstatement request:
- Proof of completion of the substance abuse evaluation and any treatment program ordered by the court.
- A copy of your filed SR22 form or a letter from your insurance company confirming the SR22 is active.
- The reinstatement fee, which is typically $100 to $150 (fees vary and change annually).
- A completed reinstatement request form, available from the Motor Vehicle Division.
Mail your request to the Montana Motor Vehicle Division, or submit it in person at a local office. Processing typically takes two to four weeks. The Motor Vehicle Division will contact you if additional information is needed. Once approved, you will receive written notice and your license will be reinstated.
Ignition interlock device and probationary driving restrictions
Montana courts often order an ignition interlock device (IID) as a condition of reinstatement after a second DUI. An IID is a breathalyzer installed in your vehicle that prevents the engine from starting if it detects alcohol on your breath. You pay for installation and monthly monitoring, typically $60 to $100 per month. The device remains in your vehicle for a period set by the court — often one to three years.
If the court ordered an IID, you must have it installed before you can legally drive. You cannot remove it yourself or drive a vehicle without one during the ordered period. Some courts allow you to drive only vehicles equipped with an IID; others restrict your driving to work, treatment, or court-ordered activities during a probationary period.
Even after reinstatement, your license may carry restrictions. You may be prohibited from driving between certain hours, required to carry proof of insurance at all times, or restricted to vehicles with an IID. These restrictions appear on your license and are enforceable by law enforcement. Violating any restriction can result in another suspension or criminal charges.
Insurance costs and coverage after reinstatement
A second DUI conviction significantly increases your insurance premiums. Rates vary widely by insurer, age, driving record, and location, but drivers with two DUIs within ten years typically pay two to four times the standard rate. Some insurers charge $200 to $400 per month for basic coverage; others may charge more. You will need to maintain continuous coverage for the entire three-year SR22 period.
Not all insurers will cover you after a second DUI. You may be limited to high-risk insurers, which have fewer coverage options and higher deductibles. Some policies exclude certain types of coverage or require you to pay higher deductibles for collision or comprehensive claims. Read your policy carefully to understand what is and is not covered.
Your rates may decrease slightly after the three-year SR22 period ends, but the DUI conviction remains on your driving record for ten years in Montana. Even after the SR22 is no longer required, insurers can still charge higher rates based on the conviction. Shop around annually — rates and company policies change, and you may find better pricing as time passes.
What to do if your reinstatement request is denied
The Motor Vehicle Division may deny your reinstatement request if you have not completed all court-ordered programs, if your SR22 is not filed, if you have additional traffic violations during the suspension period, or if you do not meet other legal requirements. If your request is denied, you will receive written notice explaining the reason.
Review the denial letter carefully to identify what is missing. Common reasons include incomplete treatment documentation, an expired or lapsed SR22, or unpaid fines or court costs. Address each issue and resubmit your request. You can request reinstatement again once you have corrected the problem.
If you believe the denial was made in error, you have the right to request a hearing before the Motor Vehicle Division. Contact the division to learn how to request a hearing and what documentation to bring. A hearing officer will review your case and decide whether to overturn the denial or uphold it.
Frequently Asked Questions
Can I drive at all during my suspension after a second DUI?
No. Montana does not issue restricted licenses or work permits after a second DUI conviction. You cannot drive for any reason — not for work, medical appointments, or court-ordered treatment — during the suspension period. You must use other transportation or arrange rides.
How long does the substance abuse evaluation take?
The evaluation itself usually takes one to three hours. However, scheduling an appointment with a licensed evaluator can take several weeks depending on availability in your area. Start this process as soon as possible after your conviction so you can complete it before your suspension period ends.
What if I cannot afford the SR22 insurance premium?
You must maintain active SR22 insurance to be reinstated and to keep your license valid. If you cannot afford the premium, contact high-risk insurers to compare rates, or ask about payment plans. Some insurers offer monthly payment options. If you truly cannot afford any policy, you cannot legally drive until you can.
Does the ignition interlock device stay in my car forever?
No. The court sets a specific period for the IID, typically one to three years. Once that period ends, you can have it removed. However, you must provide proof to the court that it was removed. If you remove it before the court-ordered period ends, you can face criminal charges.
Will my insurance rates ever go back down after a second DUI?
Rates may decrease slightly after the three-year SR22 period ends, but the conviction stays on your record for ten years. Insurers can continue charging higher rates based on the conviction even after SR22 is no longer required. Your best option is to shop around annually and maintain a clean driving record going forward.