A DUI arrest moves fast. One minute you’re being pulled over, the next you’re in handcuffs wondering what just happened to your life. If you’re trying to figure out what to do after a DUI arrest in Montana, here’s the short version: stay quiet, understand the two separate clocks that just started ticking, and get an attorney involved before your first court date, not after.
Here’s what actually happens, step by step, after a DUI arrest in Missoula.
The First 24 Hours: Testing, Booking, and a Temporary Permit
Montana's Implied Consent Law
Montana law says that if you drive on Montana roads, you’ve already agreed to chemical testing when an officer has probable cause to believe you’re impaired. This is the state’s implied consent law. Refuse a breath or blood test, and you’ll face an automatic license suspension separate from your criminal case, even if you’re never convicted of DUI.
Booking and Your Temporary Permit
After the arrest, you’re typically taken in for booking. Officers take your physical license and issue a temporary paper permit so you can keep driving in the short term. That permit isn’t permanent. It’s a placeholder while the state’s Motor Vehicle Division works through your case in the background.
The Administrative License Suspension Clock Starts Now
Separate from your criminal case, Montana’s Motor Vehicle Division opens an administrative license suspension case the moment you’re arrested for DUI. This is a civil process, not a criminal one, and it runs on its own schedule. You generally have 30 days from your arrest to request a hearing and challenge the suspension. Miss that window, and the suspension takes effect automatically, whether or not your criminal case has even reached court yet.
This is one of the biggest things people miss when they’re trying to figure out what to do after a DUI arrest in Montana: the administrative suspension deadline runs independently of your arraignment date. Plenty of people lose the right to challenge it simply because no one told them it existed.
Your Criminal Case: Arraignment and What Comes Next
Alongside the license suspension process, you’ll also face a criminal case in Montana district or municipal court. Your first appearance is the arraignment, where the judge reads the charges and you enter a plea. From there, your case moves through pretrial hearings, possible negotiations, and, if it doesn’t resolve, trial. We cover the arraignment step in more detail in a separate guide on our DUI defense page, but the short version is this: don’t walk into that courtroom without a lawyer who knows Missoula’s courts.
What to Do (and Not Do) in the Days After Your Arrest
- Don’t discuss your case with anyone except your attorney. Not friends, not family, not social media.
- Write down everything you remember about the stop and arrest while it’s fresh: where you were, what the officer said, how the testing went.
- Hold onto your temporary permit and any paperwork the officer gave you. You’ll need it.
- Don’t wait to see if the charges “go away.” They don’t, and every day that passes is a day closer to the 30-day suspension deadline.
- Call a DUI defense attorney before your arraignment, not after.
Why Speed Matters More Than People Realize
The days right after a DUI arrest feel like a blur, but they’re also when your options are widest. Once the administrative suspension deadline passes or your arraignment happens, some choices close for good. Founder David Maldonado spent years as a public defender before starting this firm, and he’s seen firsthand how much a fast, informed response can change the outcome of a DUI case.
You don’t have to sort this out alone or guess at what to do after a DUI arrest in Montana. A short conversation with a defense attorney in the first few days can protect your license, your record, and your case.
Frequently Asked Questions
You generally have 30 days from your arrest to request an administrative hearing with the Motor Vehicle Division. Miss that deadline, and the suspension usually takes effect automatically, separate from whatever happens in your criminal case.
You may be able to drive on the temporary permit issued at booking, but it doesn’t last long term. Depending on your case, you may have options like a restricted probationary license or an ignition interlock device once the temporary permit expires.
It shouldn’t wait. The administrative license suspension deadline runs on its own 30-day clock regardless of when your arraignment is scheduled, so getting an attorney involved early protects options that can otherwise close before your first court appearance.
They’re two separate processes. The license suspension is a civil matter handled by the Motor Vehicle Division, while the criminal case is handled in Montana court and can result in its own separate suspension, fines, or other penalties if you’re convicted.
Big Sky Defender, Maldonado Law, PLLC, offers free consultations for DUI arrests across Missoula and Western Montana. Reach out through our contact page today to talk through your case before your license suspension deadline runs out.
