61-5-208. Period of suspension or revocation — limitation on issuance of probationary license — notation on driver‘s license. (1) The department may not suspend or revoke a driver’s license or privilege to drive a motor vehicle on the public highways, except as permitted by law.

Terms Used In Montana Code 61-5-208

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:

    (i)has a gross combination weight rating or a gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

    (ii)has a gross vehicle weight rating or a gross vehicle weight of 26,001 pounds or more, whichever is greater;

    (iii)is designed to transport at least 16 passengers, including the driver;

    (iv)is a school bus; or

    (v)is of any size and is used in the transportation of hazardous materials. See Montana Code 61-1-101

  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
  • Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
  • Motor vehicle: means :

    (i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;

    (ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or

    (iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101

  • person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Revocation: means the termination by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for and be issued a driver's license for a period of time designated by law, during which the license or privilege may not be renewed, restored, or exercised. See Montana Code 61-1-101
  • Suspension: means the temporary withdrawal by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for or be issued a driver's license for a period of time designated by law. See Montana Code 61-1-101
  • Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101

(2)(a) Except as provided in 44-4-1205 and 61-2-302 and except as otherwise provided in this section, a person whose license or privilege to drive a motor vehicle on the public highways has been suspended or revoked may not have the license, endorsement, or privilege renewed or restored until the revocation or suspension period has been completed.

(b)Subject to 61-5-231 and except as provided in subsections (4) and (5) of this section:

(i)upon receiving a report of a person’s conviction or forfeiture of bail or collateral not vacated for a first offense of violating 61-8-1002, the department shall suspend the driver’s license or driving privilege of the person for a period of 6 months;

(ii)upon receiving a report of a person’s conviction or forfeiture of bail or collateral not vacated for a second offense of violating 61-8-1002 within the time period specified in 61-8-1011, the department shall suspend the driver’s license or driving privilege of the person for a period of 1 year and may not issue a probationary license during the period of suspension unless the person completes at least 45 days of the 1-year suspension and the report of conviction includes a recommendation from the court that a probationary driver’s license be issued subject to the requirements of 61-8-1010. Except as provided in subsection (5), if the 1-year suspension period passes and the person has not completed chemical dependency treatment, as required under 61-8-1009, the license suspension remains in effect until treatment is completed.

(iii)upon receiving a report of a person’s conviction or forfeiture of bail or collateral not vacated for a third or subsequent offense of violating 61-8-1002 within the time period specified in 61-8-1011, the department shall suspend the driver’s license or driving privilege of the person for a period of 1 year and may not issue a probationary license during the period of suspension unless the person completes at least 90 days of the 1-year suspension and the report of conviction includes a recommendation from the court that a probationary driver’s license be issued subject to the requirements of 61-8-1010. Except as provided in subsection (5), if the 1-year suspension period passes and the person has not completed chemical dependency treatment, as required under 61-8-1002, the license suspension remains in effect until treatment is completed.

(3)(a) Except as provided in subsection (3)(b), the period of suspension or revocation for a person convicted of any offense that makes mandatory the suspension or revocation of the person’s driver’s license commences from the date of conviction or forfeiture of bail.

(b)A suspension commences from the last day of the prior suspension or revocation period if the suspension is for a conviction of driving with a suspended or revoked license.

(4)If a person is convicted of a violation of 61-8-1002 while operating a commercial motor vehicle, the department shall suspend the person’s driver’s license as provided in 61-8-802.

(5)If a person has not completed the chemical dependency treatment required under 61-8-1009 before the end of the period of suspension or revocation required under this section, the department may restore or renew the person’s driving privilege if:

(a)the person completed the chemical dependency assessment required under 61-8-1009; and

(b)the licensed addiction counselor conducting the assessment determined that treatment was not necessary.

(6)(a) A driver’s license that is issued after a license revocation to a person described in subsection (6)(b) must be clearly marked with a notation that conveys the term of the person’s probation restrictions.

(b)The provisions of subsection (6)(a) apply to a license issued to a person for whom a court has reported a felony conviction under 61-8-1008, the judgment for which has as a condition of probation that the person may not operate a motor vehicle unless:

(i)operation is authorized by the person’s probation officer; or

(ii)a motor vehicle operated by the person is equipped with an ignition interlock device.

(7)(a) A person whose driver’s license is suspended may be issued a provisional, restricted, or probationary license if the person completes a court-ordered driver rehabilitation or a court-ordered improvement program.

(b)This subsection (7) does not apply to a person whose commercial driver’s license is suspended under Title 61, chapter 8, part 8.

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