Montana Implied-Consent License Suspension Appeal Petition

Montana Criminal Law Updated October 27, 2026 Free Word and PDF

MONTANA IMPLIED-CONSENT LICENSE SUSPENSION APPEAL PETITION

Before you use this: Mont. Code Ann. § 61-8-1017(1) allows a petition in the district court of the county of arrest within 30 days after a peace officer gives notice of the right to a hearing. The court's review is confined to the officer's basis for requesting a test under § 61-8-1016 and whether the person refused a designated test. A stay of the suspension or revocation requires a request and is discretionary under § 61-8-1017(3). Use the notice and arrest records to complete only allegations supported by your facts.

Court Case information
District Court of the [____] Judicial District, [COUNTY] County, Montana Case No. [__________]
In re: License of [PETITIONER] Petitioner
State of Montana Respondent

Petition to Challenge License Suspension or Revocation Under Mont. Code Ann. § 61-8-1017

Petitioner [FULL NAME] petitions for a hearing and a determination under Mont. Code Ann. § 61-8-1017. In support, Petitioner states:

  1. Petitioner and arrest. Petitioner resides at [ADDRESS]. A peace officer arrested or detained Petitioner in [COUNTY] County, Montana, on [__/__/____] in connection with [BRIEF FACTUAL DESCRIPTION]. The arrest location was [LOCATION].

  2. Notice and timeliness. On [__/__/____], Officer [NAME / AGENCY] gave Petitioner notice of the right to a hearing concerning a proposed or imposed license ☐ suspension ☐ revocation arising from an alleged refusal to submit to [IDENTIFY REQUESTED TEST OR TESTS]. This petition is filed within 30 days after that notice. A copy of the notice is attached as Exhibit A.

  3. Disputed issue or issues. Petitioner asks the Court to decide only the issue or issues checked below, as § 61-8-1017(4) permits:

☐ Whether the officer had a basis under § 61-8-1016 for requesting the designated test or tests. The facts supporting this challenge are [SPECIFIC FACTS AND RECORDS].

☐ Whether Petitioner refused a test designated by the officer. The facts supporting this challenge are [SPECIFIC WORDS, CONDUCT, TIMING, AND RECORDS].

  1. Supporting material. Petitioner identifies the following records or witnesses relevant to the checked issue or issues: [BODY CAMERA, REPORT, TEST REQUEST, WITNESS, OR OTHER]. Petitioner will provide available copies as permitted by the Court.

  2. Stay request. ☐ Petitioner requests a stay of the suspension or revocation pending the hearing under § 61-8-1017(3). The reasons for requesting a stay are [FACTS]. ☐ Petitioner does not request a stay in this petition.

Petitioner requests that the Court set a hearing, give the notice required by § 61-8-1017(2), determine the checked statutory issue or issues after taking evidence, and grant the relief supported by that determination. If requested in paragraph 5, Petitioner also asks the Court to decide the stay request promptly.

Date: [__/__/____]

Signature: [________________________________]

Printed name and capacity: [________________________________]

Mailing address, phone, and email: [________________________________]

Filing and service record

Court filing date, method, and case number assigned: [________________________________]

Court hearing notice received, including date and method: [________________________________]

Official source

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About this template

Last updated
October 27, 2026
Citations checked
October 27, 2026
Jurisdiction
Montana
Category
Criminal Law

Legal authority

  • Mont. Code Ann. § 61-8-1017(1)-(4)

Criminal law paperwork covers every stage of a criminal case, from the first appearance and bail motion through pretrial motions, plea agreements, sentencing, and appeals. Deadlines in criminal cases are short and often unforgiving, and constitutional rights can be waived just by missing a filing. Using the right motion at the right time can mean the difference between evidence getting suppressed, charges getting reduced, or a case getting dismissed entirely.

Not legal advice

This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

A reviewer verified this template's legal citations against the official source on October 27, 2026.

Mont. Code Ann. § 61-8-1017(1) (checked October 27, 2026): "(1) Within 30 days after notice of the right to a hearing has been given by a peace officer, a person may file a petition to challenge the license suspension or revocation in the district court in the county where the arrest was made."

Mont. Code Ann. § 61-8-1017(2) (checked October 27, 2026): "(2) The court has jurisdiction and shall set the matter for hearing. The court shall give at least 10 days' written notice of the hearing to the county attorney of the county where the arrest was made and to the city attorney if the incident leading to the suspension or revocation resulted in a charge filed in a city or municipal court. The county attorney or city attorney may represent the state. If the county attorney and the city attorney cannot agree on who will represent the state, the county attorney shall represent the state."

Mont. Code Ann. § 61-8-1017(3) (checked October 27, 2026): "(3) Upon request of the petitioner, the court may issue a stay of the suspension or revocation action pending the hearing."

Mont. Code Ann. § 61-8-1017(4) (checked October 27, 2026): "(4) The court shall take testimony, examine the facts of the case, and determine whether the petitioner is entitled to a license or whether the petitioner's license is subject to suspension or revocation based on no other issues than: (a) whether a peace officer had a basis for requesting a test or tests as set forth in 61-8-1016 , and (b) whether the person refused to submit to one or more tests designated by the peace officer."

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