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. (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) driving a motor vehicle while under the influence of alcohol or any drug or a combination of alcohol or drugs or operating a motor vehicle with a blood alcohol concentration of 0.08 or more;
     (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(2)(b).
     (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.

     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.