This page will help you understand Montana alcohol laws and avoid expensive fines or even jail. Also wasted time and legal costs.
Montana alcohol laws apply both to residents and visitors. Those who visit may not know its alcohol laws. They may be different than those in their own state. Not knowing the laws makes it easier to break them by accident. But ignorance of the law is no defense.
Overview
- Minimum Age
- Other Alcohol Laws
- Resources
- Advice
I. Minimum Age Alcohol Laws
Young people sometimes want to work part-time. Hospitality offers many jobs they can do. But they need to know the minimum age for the jobs.
Many involve working with alcohol. What is the lowest age for serving in a restaurant that sells alcohol? For tending bar? For selling alcohol for use elsewhere?
Montana alcohol laws permit adults to work as servers in venues that sell alcohol to drink on-site. Of course, an adult is anyone 18 or older. They may be bartenders. Also, they may sell alcohol for use elsewhere. This makes it easy for young adults to get work experience.
Those of any age below 21 may drink alcoholic beverages. But a parent or guardian must provide it. They may drink alcohol at any private location except in a business that sells alcohol. For example, this makes it legal to drink at a party. But the drinking may not lead to intoxication.
Many parents serve alcohol to their young people, especially at dinner. They do this to demystify alcohol and teach moderation. They think it’s better to learn how to drink in the parents’ house than in a frat house. This lowers drinking by those under 21.
Those under 21 may not buy alcohol. Using a false ID to buy it is a crime. It is also a crime to sell, lend, give, or make a fake ID
It is illegal for those under 21 to drive with a blood alcohol concentration (BAC) greater than 0.02%.
II. Other Montana Alcohol Laws
A. Selling Alcohol
Montana has a government monopoly on all liquor stores in the state. That is, it owns them and prohibits any others from operating one. Its monopoly stores are open from 10:00 a.m. to 6:00 p.m. Some are open longer but most close on Sundays. Bars with package licenses may also sell distilled spirits (liquor).
Grocery and convenience stores may sell beer and wine from 8:30 a.m. to 2:00 a.m. Restaurants may sell alcohol from 11:00 a.m. and 11:00 p.m.
Breweries may provide samples from 10:00 a.m. to 8:00 p.m. But they may not provide more than 48 ounces per person.
No alcohol retailer may sell alcohol between 2:00 a.m. am and 8 am.
It’s also a violation of Montana alcohol laws to sell alcohol to anyone under 21. That includes active adult members of the U.S. military. There are strict penalties for doing so. Montana’s laws actually refer to them as children.
A first offense carries a fine of $500 and possible jail for up to six months. A second offense brings a fine of $1,000 and possible jail for up to six months.
It’s also illegal to sell alcohol to anyone intoxicated.
B. Buying Alcohol
It’s illegal for anyone under age 21, even if adult, to buy alcohol. And it’s equally illegal to try to buy alcohol for anyone under 21. Montana’s alcohol laws are very strict about this.
First Offense
- Fine of between $100 and $300.
- Driver’s license confiscation for 30 days.
- Community Service for 20 hours.
- Completion of substance abuse course. Offender must pay all costs of course.
Second Offense
- Fine of between $200 and $600.
- Driver’s license confiscation for six months.
- Community Service of 40 hours.
- Completion of substance abuse course. Offender must pay all costs of course.
- Complete a chemical dependency assessment and treatment.
Third Offense
Fine of at least $300. But it could be as high as $900.- Driver’s license confiscation for six months.
- Completion of substance abuse course. Of course, offender must pay all costs.
- Complete a chemical dependency assessment and treatment. Offender pay costs.
Other Information
- It is legal for those under 21 to enter any business that sells alcohol. However, the business is free to deny their entrance. That may apply to either after certain hours or anytime.
- Businesses may confiscate any false ID presented to them.
- It’s illegal to sell alcohol to anyone who is intoxicated.
- Those under 21 may buy beverages that contain less than one half of one percent alcohol.
C. Driving and Alcohol
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Montana alcohol laws prohibit driving under the influence (DUI) of alcohol or drugs. The state defines DUI is terms of BAC. These are the illegal levels.
- 0.02% for drivers under 21.
- 0.04% for commercial drivers.
- 0.08% for other drivers.
Yet officers have wide discretion. So they may arrest drivers for DUI with BACs far below illegal limits. Of course, that’s highly subjective.
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Famous People Arrested for Drunk Driving.
Drivers Age 21 and Over
Penalties for First DUI
- A fine of of $600 to $1,000.
- Jail for at least 24 hours. Yet it could be for to six months.
- Driver’s license suspension for six months.
Penalties for Second DUI
- A fine of $1,200 to $2,000.
- Jail for 14 days to one year.
- Driver’s license suspension for one year.
- Possible participation in the Montana 24/7 sobriety program. This requires them to take BAC tests throughout every day.
Penalties for Third DUI
- A fine of $5,000 to $10,000.
- Jail for 60 days to one year.
- Driver’s license suspension for one year.
- Possible participation in the Montana 24/7 sobriety program. Again, this requires them to take BAC tests throughout every day.
Drivers Under 21
Drivers under 21 face different penalties for DUI. If their BAC is 0.08% or higher, the judge may order them to install an IID on their vehicle. That’s an ignition interlock device. The IID prevents the vehicle from starting if alcohol is in the driver’s breath. And the offender must pay all costs of the IID.
First DUI Offense
- A fine of $300 to $1,000.
- Jail for one day to six months.
- Driver’s license suspension for 90 days.
Second DUI Offense
- A fine $600 to $1,000.
- Jail for seven days to six months.
- Driver’s license suspension for one year.
Aggravated DUI brings higher fines and longer jail time. This charge occurs when
- Driver’s BAC was 0.16% or higher.
- An IID is on the driver’s vehicle.
- Driver’s license was under suspension or revocation. And that was due to a prior DUI conviction at the time of the arrest.
- Person uses Constitutional right to decline chemical testing. Also the license was under suspension, cancellation, or revocation. That, because of DUI within the last ten years
- Driver has a conviction or pending charge for DUI, Aggravated DUI, negligent vehicular assault or negligent homicide within 10 years. Or has two or more convictions or pending charges for DUI, aggravated DUI, negligent vehicular assault or negligent homicide.
Driver Rights
All drivers have a U.S. Constitutional right to decline a chemical test. But Montana alcohol laws punish drivers who use their right. The state punishes a first refusal with a driver’s license suspension for six months. For a second refusal, it’s a suspension for one year.
Yet there is no legal penalty for not taking a field sobriety test. These tests are not reliable. For instance, about 30% of completely sober people who take a field sobriety test fail it. So about one of three people with zero alcohol (0.00%) can’t pass. And that’s under ideal indoor conditions!
Lawyers strongly urge drivers not to take a field sobriety test – ever. They say to politely decline. And to do so as many times as needed.
That requires strong willpower. That’s because officers love them. They use clever ways to talk people into taking them. Many falsely say the law requires it. It does not.
Or they say you can prove your innocence by taking it. But that’s backward. Drivers don’t need to prove they’re innocent. The state has the burden to prove they’re guilty.
If officers had the proof, they would already make the arrest. So they’re trying to trick you into giving them the evidence.
Officers who pull drivers over for suspected DUI are making a criminal investigation. In doing so, it’s legal for them to lie to a suspect. So don’t be a sucker.
If you are a suspect in a crime, the officer is never your friend. Nor is the officer trying to help you. To the contrary, the officer suspects you’re guilty and is trying to prove it
Learn more at Never Take a Field Sobriety Test.
D. Boating and Alcohol
Montana alcohol laws prohibit boating while intoxicated (BWI). It can be by alcohol and/or drugs.Boating is operating a motorboat, sailboat, water skis, surfboard, or similar device.
Drinking too much alcohol or doing drugs can cause intoxication, It may cause balance problems, poor vision, reduced coordination, impaired judgment, and slower reaction time. So it contributes to a number of boating accidents.
Any of these, among many other things, are signs of possible BUI. So law enforcement officers look for them.
Boating violation of any type.
Erratic operation of the boat.
Loud or boisterous behavior.
Slurred speech.
Speeding.
When it comes to boating, alcohol and water don’t mix.
III. Resources on Montana Alcohol Laws
IV. Advice
Laws can be unclear. For example, Montana alcohol laws define non-intoxicating drinking this way. A BAC no higher than 0.05% “or substantial or visible mental or physical impairment.”
A person can easily interpret that in more than one way. Law isn’t a DIY task. Lawyers study the subject for years. One small mistake could be very bad. So never rely on this site. Nor on any other site.
Get advice about Montana alcohol laws from an expert. That is a lawyer who has a license in the state. Don’t take a chance.
Now you know more about Montana alcohol laws than do most residents. Kudos!