Like other states, Montana has minor in possession of alcohol laws ("MIP"
laws) to discourage under-age drinking. MIP laws seek to deter minors
from participating in alcohol-related activities that may lead to
injuries or more serious offenses.
Alcohol Possession and Consumption
In
Montana, it is illegal for a person younger than 21 years of age to
possess or consume alcohol (with some exceptions, see below). However, a
minor who is merely present at a place where other people have or are
selling alcoholic beverages may not be arrested or charged with
violating this law.
Mont. Code Ann. § 45-5-624
Sentences for Violators Younger Than 18 Years of Age
The
sentence for violating the MIP laws depends on a violator's age and the
number of any prior convictions. The court may choose any or all of the
sentencing options.
First Offense
Violators who are younger than 18 years of age and are convicted of a first offense face the following penalties:
- A fine between $100-300
- 20 hours of community service
- Participation
in a community-based substance abuse information course, if one is
available. Not only the minor, but his or her parents or guardian must
attend, complete, and pay for the course, and
- If a violator has a driver's license, it will be confiscated by the court for 30 days.
Second Offense
Violators who are younger than 18 years old and are convicted of a second offense may be sentenced to:
- A fine between $200 and $600
- 40 hours of community service, and
- Participation
in a community-based substance abuse information course, if one is
available. Not only the minor, but his or her parents or guardian must
attend, complete, and pay for the course, and
- If a violator has a driver's license, it will be confiscated by the court for 6 months.
- Completion of a chemical dependency assessment and participation in a chemical treatment program.
Third Offense
Violators who are younger than 18 years of age and are convicted of a third offense face the following penalties:
- A fine between $300 and $900
- 60 hours of community service
- Participation
in a community-based substance abuse information course, if one is
available. Not only the minor, but his or her parents or guardian must
attend, complete, and pay for the course, and
- If a violator has a driver's license, it will be confiscated by the court for 6 months.
- Completion of a chemical dependency assessment and participation in chemical treatment program.
Mont. Code Ann. § 45-5-624
Violators Younger Than 18 Years of Age Who Fail to Complete a Court Ordered Community-Based Substance Abuse Information Course
If
a violator is younger than 18 years of age, has a driver's license, and
fails to complete a court ordered community-based substance abuse
information course, the court may further suspend the violator's license
for a specific period of time, depending on the number of failures:
- For a first offense, the court will suspend the violator's license for 3 months.
- For a second offense the court will suspend the violator's license for 9 months.
- For a third offense, the court will suspend the violator's license for 12 months.
Mont. Code Ann. § 45-5-624
Violators Who Are 18 Years of Age or Older
Violators who are 18 years of age or older face harsher penalties than those younger than 18.
First Offense
First-offense violators face the following penalties:
- A fine between $100-$300
- 20 hours of community service
- Participation
in a community-based substance abuse information course. The violator
must attend, complete and pay for the course.
Second Offense
Second offenders face the following penalties:
- A fine between $200-$600
- 40 hours of community service
- Participation
in an alcohol information course at an alcohol treatment program which
may also include alcohol or drug treatment at the court's discretion.
The violator must attend, complete and pay for the course.
Third Offense
Third offenders face the following penalties:
- A fine between $300-$900
- 60 hours of community service
- Participation
in an alcohol information course at an alcohol treatment program which
may also include alcohol or drug treatment at the court's discretion.
The violator must attend, complete and pay for the course, and
- Up to 6 months in jail.
Mont. Code Ann. § 45-5-624
Minors May Not Attempt to Purchase Alcohol
Under
Montana law, it is illegal for anyone younger than 21 years of age to
attempt to purchase alcohol. Violators who are convicted of attempting
to buy an alcoholic beverage may be sentenced to:
- A fine of up to $150, and
- Court ordered community service
Mont. Code Ann. § 45-5-624
It Is Illegal to Sell or Provide Alcohol to a Minor
Montana
targets those who provide alcohol, as well as the minor. It is illegal
for anyone to sell or provide an alcoholic beverage to a person younger
than 21 years of age.
Mont. Code Ann. § 16-6-305
Exceptions for Underage Possession and Use
In
two situations, Montana allows someone younger than 21 years of age to
possess or consume alcohol, and permits certain individuals to provide
that alcohol.
Nonintoxicating Quantity
Montana law allows someone less than 21 years of age to possess or consume a nonintoxicating quantity of alcohol when it is:
- Provided by the minor's parent or guardian
- Used by a physician or dentist for medicinal purposes
- Distributed by a licensed pharmacist upon the prescription of a physician, or
- Used by an ordained minister or priest in connection with a religious service.
Mont. Code Ann. § 16-6-305
Possession Necessary for Employment
A minor may possess alcohol when it is necessary during the course of employment.
Mont. Code Ann. § 45-5-624
Inviting a Minor to a Public Place of Alcoholic Consumption
It
is a misdemeanor for anyone to invite a minor to a public place where
alcoholic beverages are sold and to provide the minor with an alcoholic
beverage.
Mont. Code Ann. § 16-6-305