Have A Question? Search This Site:
After a DUI arrest in Montana, many drivers focus on the court process—but there’s another track that moves forward just as quickly: the administrative license hearing through the Montana Motor Vehicle Division (MVD). Often referred to as a “DMV hearing” (even though it’s handled by the MVD in Montana), this is a separate legal process from the criminal court case. Its purpose is to determine whether your driving privileges will be suspended—regardless of whether you’re convicted of DUI in court.
This post explains how DMV hearings work in Montana after a DUI arrest. It breaks down the process, timeline, requirements, and consequences involved. While the criminal court system handles the DUI charges themselves, the MVD hearing can determine whether—and for how long—your license will be suspended.
We’ll walk through everything that happens during the administrative hearing process, how it’s triggered, what decisions are made, and how it differs from your criminal case. By the end, you’ll have a full understanding of this important but often misunderstood part of the DUI process.
What Triggers an MVD Hearing After a DUI Arrest?
Montana’s MVD administrative hearing process is triggered by two common DUI-related events:
- You failed a chemical test (breath or blood) with a BAC of 0.08% or higher
- You refused to submit to a chemical test when requested by law enforcement
In either case, the arresting officer will submit a report to the MVD, and you may be issued a Notice of Suspension. This document informs you that your driving privileges are being suspended under Montana’s implied consent laws—regardless of what happens in criminal court.
You typically receive this notice at the time of arrest or shortly after, and it includes information on how to request a hearing.
Key Points:
- The hearing process is administrative, not criminal
- It runs separately from your DUI court case
- You must act quickly to preserve your rights (within 30 days)
How to Request a DMV Hearing in Montana
If you want to contest the automatic suspension of your license, you must formally request a hearing with the MVD within 30 days of receiving the suspension notice. If you miss this deadline, you lose the right to a hearing, and the suspension takes effect automatically.
To request the hearing, you typically must:
- Submit a written request to the Montana Department of Justice
- Include the required personal information and arrest details
- Mail or deliver the request within the deadline listed on your suspension notice
Once your request is received, the MVD will schedule a hearing and notify you of the date and location.
Important:
- You do not have to request a hearing—but if you don’t, your license will be suspended by default
- This hearing does not replace your court case—it only decides the status of your license
What Happens at the MVD Hearing?
The MVD hearing is a civil administrative review to determine if your license should be suspended. It is not about guilt or innocence for DUI charges—that’s handled in criminal court. Instead, the hearing focuses on whether the arresting officer followed proper procedures and whether the chemical test (or refusal) meets the legal standards for license action.
The hearing typically includes:
- A review of the arresting officer’s report
- Possible testimony from the officer, especially if requested by the driver
- Presentation of evidence, such as BAC results or refusal documentation
- Opportunity for the driver (or their attorney) to present their side
Most MVD hearings are short and focused, often held via phone or in an administrative office. In some cases, the hearing may be waived if both parties agree to proceed based on written documents alone.
At the end of the hearing, the hearing officer will issue a decision, which may include:
- Upholding the suspension
- Dismissing the suspension due to procedural issues
- Adjusting the terms of the suspension
Outcomes of a Montana MVD Hearing
If the hearing officer upholds the suspension, your license will be suspended for:
- 6 months for a first-time failed test
- 6 months or more for a test refusal
- 1 year for repeat offenses or prior refusals
If the officer dismisses the suspension, you will retain your driving privileges—though your criminal DUI case may still result in additional license penalties later.
Other key outcomes:
- You may become eligible for a restricted license, depending on the case
- The decision is not influenced by what happens in criminal court
- You can appeal an unfavorable decision to a district court, but this is rare
Difference Between DMV Hearings and Court DUI Cases
It’s important to understand that DMV (MVD) hearings and DUI court cases are completely separate legal tracks.
| MVD Hearing | Criminal DUI Case |
|---|---|
| Administrative, civil process | Criminal court process |
| Handled by Montana MVD | Handled by county or city court |
| Decides on license suspension only | Decides on guilt, penalties, fines, jail |
| Triggered by BAC test or refusal | Triggered by DUI charge |
| No jury | May involve jury trial |
| Short, focused hearings | Full legal proceedings |
Even if you’re not convicted of DUI in criminal court, the MVD may still suspend your license based on the arrest and test results. Likewise, winning your MVD hearing doesn’t mean your court case will be dismissed.
What If You Don’t Request a Hearing?
If you don’t request a hearing within the 30-day deadline:
- Your license will be automatically suspended
- The suspension period will begin after the notice period ends
- You lose the chance to contest the officer’s evidence
- You may still face additional court-ordered suspensions later
This is why it’s important to understand the hearing process and act quickly if you want to challenge the license suspension. Missing the deadline has immediate and lasting consequences—even if your DUI case is resolved favorably in court.
Can You Get a Restricted or Probationary License?
Montana may allow drivers with suspended licenses to apply for a restricted license, sometimes called a probationary license. This license allows you to drive for specific purposes:
- To and from work or school
- For medical appointments
- For court-ordered treatment or education programs
Whether you’re eligible depends on:
- The nature of your offense
- Whether this is a first or repeat DUI
- Whether you refused the chemical test
- Completion of alcohol education requirements
You typically must install an ignition interlock device in your vehicle before the restricted license is issued. This device requires a clean breath sample before the vehicle will start.
Frequently Asked Questions About MVD Hearings in Montana
Do I have to go to court and attend the MVD hearing?
Yes, both are separate. The MVD hearing is administrative and determines license status; the court hearing addresses the criminal DUI charge.
Can I skip the MVD hearing if I plan to fight the DUI in court?
You can skip it, but your license will be suspended automatically. Fighting the DUI in court does not affect the MVD suspension unless you win both.
What happens if I win the MVD hearing?
If the hearing officer rules in your favor, your license is not suspended. However, your DUI case in criminal court still proceeds.
Can I have a lawyer at the MVD hearing?
Yes. You may be represented by a lawyer, and it’s often helpful—especially if you plan to challenge the legality of the stop or test procedures.
Is the MVD hearing the same as a DUI trial?
No. The MVD hearing is only about your license status. It does not determine guilt or innocence for the DUI charge.
Conclusion
In Montana, the MVD hearing is a critical part of the DUI process. It runs separately from the criminal court case and focuses entirely on your driving privileges. After a DUI arrest, you only have a limited time—usually 30 days—to request this hearing. Failing to do so means losing your license by default.
Understanding how the MVD hearing works helps you prepare for this important administrative step and gives you the opportunity to challenge the suspension. While it won’t affect your court case directly, it can make a major difference in your ability to legally drive in the months ahead.
To learn more about the overall process from stop to sentencing, visit our full guide to the DUI process and timeline.
For a focused breakdown of license suspension and hearings, read our article on DMV hearings and license actions after a DUI arrest.