(1) The Division may issue a person a restricted probationary license in lieu of suspension of driving privilege for 6 months upon conviction or forfeiture of bail or collateral not vacated for the offense of driving or being in control of a motor vehicle while under the influence of alcohol or drugs for the first time in 5 years as detailed in section 61-5-208 MCA if:

(a) the judge of the court in which the conviction or forfeiture occurred recommends probation, and

(b) the licensee continues to comply with the alcohol treatment program or driver improvement school participation directed by the court.

(2) The Division may issue a restricted probationary license in lieu of suspension or revocation to any person, not covered in subsection (1) , whose license or permission to operate a motor vehicle in Montana is subject to suspension or revocation if:

(a) the licensee is eligible for the Driver Rehabilitation Program under ARM 23.3.203 through 23.3.205, and

(b) the licensee enrolls and continues to participate in the Driver Rehabilitation Program.

(3) If a probationary licensee fails to continue to comply with the requirements for issuance of his or her probationary license or the restrictions thereon, the Division shall require the return of the person's probationary license and shall reinstate the full term of the originally authorized suspension or revocation.

(4) If a probationary licensee is convicted of or forfeits bail or collateral on any traffic violation during the period of suspension or revocation, the Division shall require the return of the person's probationary license and shall reinstate the full term of the originally authorized suspension or revocation.