Montana § 61-5-205 Mandatory Revocation Or Suspension Of License Upon Certain Convictions -- Duration Of Action -- Exceptions

Montana Statutes

§ 61-5-205 — Mandatory Revocation Or Suspension Of License Upon Certain Convictions -- Duration Of Action -- Exceptions

Montana § 61-5-205

Title 61MOTOR VEHICLES

Ch. 5DRIVER'S LICENSES

Part 2Revocation, Suspension, or Cancellation of Licenses

This text of Montana § 61-5-205 (Mandatory Revocation Or Suspension Of License Upon Certain Convictions -- Duration Of Action -- Exceptions) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 61-5-205 (2026).

Text

61-5-205 . Mandatory revocation or suspension of license upon certain convictions -- duration of action -- exceptions.

(1)The department shall revoke an individual's driver's license or driving privilege if the department receives notice from a court or another licensing jurisdiction that the individual has been convicted of any of the following offenses:

(a)negligent homicide resulting from the operation of a motor vehicle;

(b)any felony in the commission of which a motor vehicle is used;

(c)failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;

(d)perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law

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61-5-205 . Mandatory revocation or suspension of license upon certain convictions -- duration of action -- exceptions. (1) The department shall revoke an individual's driver's license or driving privilege if the department receives notice from a court or another licensing jurisdiction that the individual has been convicted of any of the following offenses:
(a) negligent homicide resulting from the operation of a motor vehicle;
(b) any felony in the commission of which a motor vehicle is used;
(c) failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
(d) perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of motor vehicles;
(e) fleeing from or eluding a peace officer; or
(f) negligent vehicular assault as defined in 45-5-205 involving a motor vehicle.
(2) The department shall suspend an individual's driver's license or driving privilege if the department receives notice from a court or another licensing jurisdiction that the individual has been convicted of any of the following offenses:
(a) a driving offense under 61-8-1002 ;
(b) three reckless driving offenses committed within a period of 12 months; or
(c) a theft offense under 45-6-301 if the theft consisted of theft of motor vehicle fuel and a motor vehicle was used in the commission of the offense.
(3) A revocation under subsections (1)(a), (1)(b), and (1)(d) through (1)(f) must be for a period of 1 year. A revocation under subsection (1)(c) must be for a period of 2 years if the offender received a felony conviction under 61-7-103 .
(4) (a) Except as provided in subsections (4)(b) and (4)(c), a suspension under subsection (2) must be for a period of 1 year.
(b) A suspension under subsection (2)(a) must be for the period set forth in 61-5-208 .
(c) A suspension under subsection (2)(c) must be for one of the following periods:
(i) 30 days for a first offense;
(ii) 6 months for a second offense; and
(iii) 1 year for a third or subsequent offense.

Legislative History

En. Sec. 30, Ch. 267, L. 1947; amd. Sec. 1, Ch. 192, L. 1957; amd. Sec. 1, Ch. 125, L. 1961; amd. Sec. 2, Ch. 155, L. 1969; amd. Sec. 47, Ch. 359, L. 1977; amd. Sec. 2, Ch. 430, L. 1977; R.C.M. 1947, 31-146; amd. Sec. 1, Ch. 698, L. 1983; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 22, Ch. 443, L. 1987; amd. Sec. 2, Ch. 612, L. 1987; amd. Sec. 1, Ch. 335, L. 1989; amd. Sec. 17, Ch. 195, L. 1993; amd. Sec. 1, Ch. 224, L. 2001; amd. Sec. 3, Ch. 563, L. 2001; amd. Sec. 2, Ch. 379, L. 2003; amd. Secs. 3, 15(1), Ch. 556, L. 2003; amd. Sec. 1, Ch. 145, L. 2007; amd. Sec. 3, Ch. 149, L. 2011; amd. Sec. 8, Ch. 153, L. 2013; amd. Sec. 32, Ch. 498, L. 2021.