61-8-802. Suspension of commercial driver's license -- disqualification -- major offenses. - Montana Statutes

     61-8-802. Suspension of commercial driver's license -- disqualification -- major offenses. (1) Upon receipt of a report of a major offense committed by a person who holds a commercial driver's license or a person required to have a commercial driver's license, the department shall suspend the person's commercial driver's license and disqualify the person from operating a commercial motor vehicle:
     (a) upon receipt of a report of a first major offense, for 1 year, except that if the major offense occurred while operating a commercial motor vehicle transporting placardable hazardous materials, the suspension must be for 3 years; or
     (b) upon receipt of a report of a second or subsequent major offense arising from an incident that is separate from the prior major offense, for life, subject to department rules adopted to implement federal rules allowing for license reinstatement, if the person is otherwise eligible, upon completion of a minimum suspension period of 10 years.
     (2) For purposes of this section, the term "major offense" refers to a refusal to take a test under an implied consent law in this or any other jurisdiction, a test result under an implied consent law in any other jurisdiction that shows an alcohol concentration of 0.08 or more while operating a noncommercial motor vehicle or an alcohol concentration of 0.04 or more while operating a commercial motor vehicle, or a conviction in this or any other jurisdiction of any of the following offenses:
     (a) driving or being in actual physical control of a motor vehicle while under the influence of alcohol, a drug, or a combination of the two;
     (b) driving or being in actual physical control of:
     (i) a noncommercial motor vehicle and having an alcohol concentration of 0.08 or more; or
     (ii) a commercial motor vehicle and having an alcohol concentration of 0.04 or more;
     (c) leaving the scene of an accident involving death or personal injury or failing to give information and render aid;
     (d) using a motor vehicle in the commission of a felony, other than a felony under 61-8-804;
     (e) operating a commercial motor vehicle while the person's commercial driver's license is revoked, suspended, or canceled or the person is disqualified from operating a commercial motor vehicle; or
     (f) causing a fatality through negligent or criminal operation of a commercial motor vehicle.

     History: En. Sec. 2, Ch. 378, L. 1989; amd. Sec. 27, Ch. 195, L. 1993; amd. Sec. 11, Ch. 207, L. 2001; amd. Secs. 14, 22, Ch. 428, L. 2003; amd. Sec. 27, Ch. 428, L. 2005.