Montana Minor in Possession Laws

Online Alcohol Class offers the most comprehensive Minor in Possession classes available in Montana. We offer Level 1 (8 hour), Level 2 (16 hour), and Level 3 (24 hour) online Minor in Possession and Minor in Consumption Courses.

Often students and parents call us to inquire about the MIP laws in Montana. As a courtesy, we've compiled the laws from every state and listed them below.

Please note that the Montana minor in possession laws shown on this page are meant to assist help you to understand your local Montana laws. While we have tried to show the most up-to-date version of Montana minor in possession laws, but we do not guarantee its accuracy. This web page is not a substitute for legal advice from a lawyer. It is in your best interest that you find an appropriate attorney for more information about Montana minor in possession laws.

Montana Minor In Possession Laws

Montana 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.

Montana 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.

Montana Internal Possession by Minors

Internal possession is not explicitly prohibited.

Montana Underage Purchase of Alcohol

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

Furnishing Alcohol to Minors in Montana

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.

Minimum Ages for On-Premises Servers and Bartenders in Montana

Beer: 18 for both servers and bartenders

Wine: 18 for both servers and bartenders

Spirits: 18 for both servers and bartenders

Minimum Ages for Off-Premises Alcohol Sellers in Montana

Beer: 18

Wine: 18

Spirits: 18

False Identification for Obtaining Alcohol in Montana

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 and Underage Operators of Noncommercial Motor Vehicles in Montana

BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation

Applies to drivers under age 21

Montana Retail Sales: Keg Registration

Keg definition: not less than 7 gallons

Prohibited:

  • Destroying the label on a keg - max. fine/jail: $500 or 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

Montana Underage Driving Privileges: Use/Lose

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

Prohibitions Against Hosting Underage Drinking Parties in Montana

No State-imposed liability for hosting underage drinking parties

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