Montana Code 61-5-231. Authorization of probationary license by DUI court
61-5-231. Authorization of probationary license by DUI court. (1) If a person convicted of a second or subsequent misdemeanor offense of driving under the influence of alcohol or drugs under 61-8-1002(1)(a), (1)(b), (1)(c), (1)(d), or (1)(e), driving with excessive alcohol concentration under 61-8-1002, or aggravated driving under the influence as defined in 61-8-1001 is participating in a DUI court as defined in 61-8-1001, the court may, in the court’s discretion, authorize a probationary driver‘s license for the participant subject to 61-8-1010 and any other conditions imposed within the scope of the court’s authority.
Terms Used In Montana Code 61-5-231
- Driver: means a person who drives or is in actual physical control of a vehicle. 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
- 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
- Under the influence: has the meaning provided in 61-8-1001. See Montana Code 61-1-101
(2)If the participant fails to comply with the court’s conditions, the court may revoke the probationary driver’s license and impose a driver’s license suspension for the time period established pursuant to 61-5-208 commencing from the date of the court’s revocation of the probationary license.