Local DUI Laws

If you’ve been arrested for DUI in Montana, you may be wondering how long it will take for your case to be resolved. Is it a matter of weeks, months, or longer? The truth is: it depends. While some DUI cases move quickly through the system, others can stretch out over many months—especially if there are legal motions, negotiations, or a trial involved.

Montana’s DUI process follows a consistent set of steps, but the timeline varies depending on factors such as case complexity, court scheduling, and whether the defendant enters a plea or goes to trial. This article provides a clear overview of how long a typical DUI case takes in Montana, broken down by each phase in the process.

We’ll also cover the administrative side of things (such as license suspension) and look at how long-lasting the effects of a DUI charge can be—even after the court case ends. While this guide is not legal advice, it offers a structured, educational breakdown to help you understand the scope and timeline of a DUI case in Montana.

The Initial Arrest and Booking: 1 to 2 Days

Every DUI case in Montana starts with a traffic stop and arrest. If a law enforcement officer observes signs of impairment—such as erratic driving, slurred speech, or the smell of alcohol—they may conduct field sobriety tests or request a breathalyzer. If probable cause exists, the officer will arrest the driver.

After the arrest:

• The driver is transported to jail or a detention facility
• A chemical test (breath or blood) is typically administered
• Booking procedures are completed
• A temporary driver’s license suspension notice may be issued

In most cases, the person is released within 24 hours, either on bail, personal recognizance, or after sobering up. At this point, the legal process begins, and a court date is scheduled.

This initial phase is fast—but it sets in motion both the criminal court process and a separate administrative license action handled by the Montana Motor Vehicle Division (MVD).

Arraignment and First Court Appearance: 3 to 14 Days

The next step is the arraignment, also known as the initial appearance. This is usually scheduled within a few days to two weeks after the arrest, depending on the county court’s calendar and whether the person is held in custody.

At the arraignment:

• The defendant hears the charges formally read
• The judge advises the defendant of their rights
• A plea is entered (typically “not guilty” at this stage)
• Bail conditions or restrictions may be imposed
• The court schedules the next hearing

Montana requires that DUI charges be addressed promptly in court, so this early appearance happens relatively quickly. Once it’s complete, the case enters the pretrial phase, which can vary widely in length.

Pretrial Phase and Case Preparation: 30 to 120 Days

The pretrial stage is often the longest phase of a DUI case. This is when both the prosecution and defense gather evidence, evaluate legal options, and possibly negotiate a resolution.

This phase typically lasts 1 to 4 months, and includes:

• Discovery: Exchange of evidence, police reports, test results, and video footage
• Motions: Legal filings to suppress evidence or challenge the arrest procedure
• Pretrial Conferences: Meetings to discuss case progress, scheduling, and possible plea agreements
• Negotiations: Prosecutors and defense attorneys may discuss reduced charges or sentencing alternatives

Some cases move quickly through this phase if the facts are straightforward and a plea deal is likely. Others may involve more complex legal issues that require time to resolve—especially if the defense plans to contest the charges.

Court calendars, attorney availability, and motions all affect how long the pretrial process takes in each DUI case in Montana.

Plea Bargain or Trial Decision: 60 to 180 Days

At some point during the pretrial phase, a decision must be made: accept a plea deal, or proceed to trial. This is a critical point in the DUI timeline, and it heavily influences how much longer the case will take.

• Plea Deal Accepted: If a plea agreement is reached, the case can typically be resolved within 2 to 4 months from the arrest date
• Trial Chosen: If the defendant pleads not guilty and no deal is accepted, the case proceeds to trial—usually scheduled 4 to 6 months out, depending on court backlog

Montana courts often schedule trial dates several months after the initial appearance, especially for DUI cases requiring a jury. This means the case may remain active for 6 months or more, particularly if the defense plans to present multiple witnesses or challenge evidence like the breath test.

DUI Trial and Verdict: 1 to 2 Days (Plus Wait Time)

If a DUI case goes to trial in Montana, the trial itself is relatively short—usually lasting 1 to 2 days. However, the wait time to reach the trial can stretch the case out for several months.

The trial phase includes:

• Jury selection (if requested)
• Opening arguments
• Testimony from the arresting officer, experts, and witnesses
• Cross-examination by the defense
• Closing arguments and jury deliberation

Most DUI trials in Montana are completed in a day or two, especially if the case is straightforward. More complex trials may take longer, but that’s uncommon in DUI-only cases.

Once the trial concludes, the court issues a verdict: guilty or not guilty. If found guilty, the sentencing phase typically occurs shortly after.

Sentencing and Final Orders: 1 to 4 Weeks After Verdict or Plea

If the defendant is convicted—either by plea or trial—the case moves to sentencing. In many cases, sentencing occurs immediately after conviction, but in some instances it’s scheduled for a later date.

Montana DUI sentencing depends on:

• Whether it’s a first, second, or third offense
• The BAC level recorded
• Whether a breath or blood test was refused
• Any aggravating factors (accident, minor in vehicle, etc.)

A first-time DUI in Montana typically results in:

• 24 hours to 6 months in jail (some of which may be suspended)
• $600 to $1,000 in fines
• 6-month license suspension
• Mandatory alcohol education or treatment

After sentencing, the criminal court case is officially closed, although other consequences—such as license reinstatement—may still be pending.

Administrative License Suspension: 6 Months or More

Separate from the court process, Montana’s Motor Vehicle Division (MVD) handles administrative penalties—specifically license suspension.

These license actions can begin immediately after arrest:

• Failed BAC Test (0.08% or higher): 6-month suspension
• Refused Chemical Test: 6-month or 1-year suspension (depending on prior history)
• MVD Hearing Option: Must be requested within 30 days of arrest

Even if the DUI charge is later reduced or dismissed in court, the administrative suspension may still stand.

In many cases, people complete their MVD suspension before their court case even ends, especially if the trial is delayed.

How Long Does a DUI Case Stay on Your Record?

While the court case itself may take only a few months, the impact of a DUI conviction lasts far longer. In Montana, DUI convictions stay on your criminal record permanently unless expunged—something that is difficult and rarely granted for DUI offenses.

Long-term timelines include:

• Criminal Record: Indefinite unless sealed or expunged
• Driver’s Record (MVD): DUI typically appears for 5 years or more
• Insurance Increases: Can last 3 to 7 years, depending on your provider
• Repeat Offense Window: Montana considers prior DUIs for 10 years when determining if a new offense is a repeat

These extended timelines are important to consider—even after the case is closed, the effects continue.

Frequently Asked Questions About DUI Case Timelines in Montana

How fast can a DUI case be resolved in Montana?
If there are no major issues and a plea is accepted early, a DUI case can be resolved in 6 to 8 weeks. However, most cases take 3 to 6 months.

Do I need to appear in court every time?
Usually yes—especially for arraignment, plea hearings, trial, and sentencing. Your attorney may attend some pretrial hearings on your behalf with court approval.

Can a DUI case be dismissed quickly?
It’s possible, but rare. Dismissals due to legal errors or evidence issues may happen early—but most cases proceed to plea or trial over several months.

How long will my license be suspended?
The administrative license suspension is typically 6 months for a first offense, starting shortly after arrest. Court-ordered suspensions may overlap or extend this.

What makes a DUI case take longer?
Delays in lab results, busy court schedules, contested motions, or choosing to go to trial can extend the timeline significantly.

Conclusion

In Montana, the timeline for a DUI case can vary from a few weeks to several months depending on the specifics of the arrest, the legal motions involved, and whether the case is resolved through a plea deal or trial. While most cases wrap up within 3 to 6 months, the administrative license suspension and long-term record consequences often last much longer.

Knowing what to expect during each phase of the DUI process can help you prepare for the road ahead—whether you’re facing charges or simply want to understand how the system works in Montana.

To explore how the court and DMV steps fit together, read our full guide on the DUI process and timeline.

For a closer look at the average duration of DUI cases, visit our post on how long a DUI case typically takes.