Montana prohibits driving without a valid license—whether it was suspended, revoked, or never issued. This article explains what constitutes these violations, the possible penalties, and the exceptions to the rules.
Every person who operates a motor vehicle on a Montana highway generally must possess and be able to display a valid driver's license. (Mont. Code § 61-5-102 (2025).)
Unlicensed driving (meaning the driver was never issued a license) is punishable by a fine of up to $500. This penalty doesn't apply to a person who has applied for a license renewal and whose license has been expired for less than one year. (Mont. Code §§ 61-5-102; 61-5-111 (2025).)
A driver who is licensed but is unable to display a valid license to a requesting officer can be arrested. Beginning September 1, 2025, drivers may show a digital or hard copy of their driver's license if the copy was issued by the Motor Vehicle Division of the Montana Department of Justice. Drivers who are charged will have the charge dismissed if they can later present a license to the court or officer that was valid at the time of driving. (Mont. Code § 61-5-116 (2025).)
Nonresidents visiting Montana may drive in Montana if they have a valid license from their state or country. Deployed military and non-resident drivers with valid driver's licenses from their home state or country can drive in the state without a Montana license, subject to Montana age restrictions. Military personnel can drive military vehicles without a driver's license on highways. Farmers driving tractors and engineers driving trains can also temporarily drive or cross over highways without a license. And youth between the ages of 12 and 16 can operate an off-highway vehicle with an "off-highway vehicle safety education course," but only temporarily along forest development roads. (Mont. Code § 61-5-104 (2025).)
It's illegal for a person to operate a motor vehicle while on a suspended or revoked license. A violator will face jail time, fines, and an extended license suspension. (Mont. Code § 61-5-212 (2025).)
Generally, driving while suspended or revoked will result in a fine of up to $500, up to six months in jail, or both a fine and jail. (Mont. Code § 61-5-212 (2025).)
A second offense carries at least two days in jail, with a maximum of six months. And the court may still issue a fine of up to $500. (Mont. Code § 61-5-212 (2025).)
All convictions for driving while suspended or revoked will result in an additional one-year suspension or revocation. (Mont. Code § 61-5-212 (2025).)
Driving while suspended carries increased penalties if the suspension was related to a DUI or refusal incident. Convicted persons must serve at least two days in jail, with a maximum of six months. The court can also order the motorist to pay a maximum $2,000 fine and complete up to 40 hours of community service. (Mont. Code § 61-5-212 (2025).)
A second or subsequent offense carries the same penalties as a first, but can also include:
(Mont. Code § 61-8-1010 (2025).)
All convictions for driving while suspended or revoked for DUI or refusal will result in an additional one-year suspension or revocation. (Mont. Code § 61-5-212 (2025).)
Driving on a suspended license and unlicensed driving can lead to serious consequences. If you've been arrested for one of these offenses, you should get legal assistance. A qualified attorney can explain how the law applies to your case and help you navigate your situation.