Underage Drinking
Montana
The policy topics, below, address statues and regulations related to underage drinking and access to 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.
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.
Internal possession is not explicitly prohibited.
Purchase is prohibited and there is NO ALLOWANCE for youth purchase for law enforcement purposes.
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.
- Beer: 18 for both servers and bartenders
- Wine: 18 for both servers and bartenders
- Spirits: 18 for both servers and bartenders
- Beer: 18
- Wine: 18
- Spirits: 18
Provision(s) targeting minors:
- Use of a false ID to obtain alcohol is a criminal offense
- No driver's license suspension 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
BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.
Applies to drivers under age 21.
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
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
No State-imposed liability for hosting underage drinking parties.
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