Drivers Hardship License Law – General – Montana
1. Does the agency (motor vehicle/DOT) law provide for hardship licenses?
The court may recommend that the department issue a restricted probationary license on the condition that the individual comply with the requirement that the person attend and complete a chemical dependency education course, treatment, or both, as ordered by the court under §61-8-732.
§ 61-2-302 provides that the department may stay suspension of a driver’s license while they participate in any driver rehabilitation and improvement program established under this section if:
(a) person’s license is suspended as a result of a violation of the traffic laws of Montana, unless the suspension was imposed under the authority provided in Title 61, chapter 8, part 8 (commercial drivers); or
(b) revoked and the person has:(i) completed at least 3 months of a 1-year revocation; or
(ii) completed 1 year of a 3-year revocation; and
(iii) met the requirements for reobtaining a Montana driver’s license.
2. Is an agency hearing required before a hardship license is issued?
No formal hearing requirement is specifed under § 61-11-101 or § 61-2-302.
3. Do prior offenses prevent me from obtaining a hardship license?
Under §61-5-215, a provisional, restricted, or probationary license may not be issued upon a suspension under 61-5-214 (mandatory suspension for failure to appear or pay fine).
61-8-402, dealing with implied consent states that upon a first refusal, there will be a suspension of 90 days with no provision for a restricted probationary license.
4. What are the requirements for getting a hardship license?
§ 61-2-302 provides that the department may stay suspension of a driver’s license while the driver participates in any driver rehabilitation and improvement program established under this section if:
(a) person’s license is suspended as a result of a violation of the traffic laws of Montana, unless the suspension was imposed under the authority provided in Title 61, chapter 8, part 8 (commercial drivers); or
(b) revoked and the person has:(i) completed at least 3 months of a 1-year revocation; or
(ii) completed 1 year of a 3-year revocation; and
(iii) met the requirements for reobtaining a Montana driver’s license.
§ 61-11-101 allows a restricted probationary license to be issued when the driver attends and complete a chemical dependency education course, treatment, or both, as ordered by the court under
5. Can minors receive limited driving privileges?
There is no exclusion for minors being eligible for a stay of suspension under § 61-2-302 or § 61-11-101.
