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State Profiles of Underage Drinking Laws

- Montana -

Underage Drinking: Underage Possession of Alcohol

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian

Notes:
The parental exception to Montana's possession and consumption statute only applies to alcohol supplied and consumed in a "nonintoxicating quantity." In Montana, "intoxicating quantity" is defined as a quantity "sufficient to produce ... a blood, breath, or urine alcohol concentration in excess of 0.05 ... or substantial or visible mental or physical impairment." See Mont. Code Ann. §§ 16-6-305, 45-5-624.

Underage Drinking: Underage Consumption of Alcohol

Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian

Notes:
The parental exception to Montana's possession and consumption statute only applies to alcohol supplied and consumed in a "nonintoxicating quantity." In Montana, "intoxicating quantity" is defined as a quantity "sufficient to produce ... a blood, breath, or urine alcohol concentration in excess of 0.05 ... or substantial or visible mental or physical impairment." See Mont. Code Ann. §§ 16-6-305, 45-5-624.

Underage Drinking: Underage Purchase of Alcohol

Purchase is prohibited and there is NO ALLOWANCE for youth purchase for law enforcement purposes.

Underage Drinking: Furnishing Alcohol to Minors

Furnishing is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • parent/guardian

Notes:
The parental exception applies to the provision of alcohol in a “nonintoxicating quantity.” In Montana, "intoxicating quantity" is defined as a quantity "sufficient to produce ... a blood, breath, or urine alcohol concentration in excess of 0.05 ... or substantial or visible mental or physical impairment." See Mont. Code Ann. § 16-6-305.

Underage Drinking: Minimum Ages for On-Premises Servers and Bartenders

Beer: 18 for both servers and bartenders
Wine: 18 for both servers and bartenders
Spirits: 18 for both servers and bartenders

Underage Drinking: False Identification for Obtaining Alcohol

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • Penalty may include driver's license suspension through a judicial procedure

Provision(s) targeting suppliers:

  • It is a criminal offense to lend, transfer, or sell a false ID
  • It is a criminal offense to manufacture or distribute a false ID

Provision(s) targeting retailers:

  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

Blood Alcohol Concentration (BAC) Limits: Youth (Underage Operators of Noncommercial Motor Vehicles)
BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

Retail Sales: Keg Registration

Keg definition: not less than 7 gallons

Prohibited:

  • destroying the label on a keg - max. fine/jail: $500 / 6 months

Purchaser information collected:

  • purchaser's name and address
  • verified by a government-issued ID
  • Warning information to purchaser: passive – no purchaser action required

    Deposit: not required

    Provisions do not specifically address disposable kegs

    Underage Drinking: Use/Lose: Driving Privileges

    Type(s) of violation leading to driver's license suspension, revocation, or denial:

    • Underage possession
    • Underage consumption

    Use/lose penalties apply to minors under age 18

    Authority to impose driver's license sanction

    • mandatory

    Length of suspension/revocation: 30 days

    National Institute on Alcohol Abuse and Alcoholism National Institutes of Health Department of Health and Human Services USA.gov - Government Made Easy