Montana Alcohol Related Laws and Regulations

Where to Buy Alcohol
Retail, grocery, and convenience stores sell beer and wine while package stores, or ‘ABC’ stores owned by the state, sell spirits and wine that have alcohol content over 16 percent. The days and time alcohol can be sold is regulated by local ordinances.

Legal Age for Drinking/Serving Alcohol
At 21 years of age, a person may legally consume alcohol. At 18, a person may work as a bartender, at a restaurant that serves alcohol, or handle alcohol that will be sold.

Open Container Laws
If a container of alcohol has been previously opened, it must be transported in the trunk of a vehicle so no one has access.

BAC Limits
If a blood, breath, or urine test shows that has a driver has a BAC (blood-alcohol content) level over the legal limit of .08 percent, they are considered ‘per se intoxicated.’ The test result is the only thing the state needs to convict a driver of DUI.

If a driver has a BAC level of .18 over the legal limit, they will face a harsher punishment.

DUI penalties are given to drivers under the age of 21 if their chemical test shows a BAC level of over .02 percent.

Penalties
If a driver does not comply with an officer’s request to submit to a breath, blood, or urine test to determine their level of intoxication when they are suspected of being under the influence, they can face penalties due to ‘implied consent laws.’ Their refusal can result in the mandatory suspension of their driver’s license for up to one year.

When a driver is convicted of DUI, the DMV (Department of Motor Vehicles) can suspend a driver’s license for six months days for the first offense, one year for the second, and one year for the third.

A driver’s vehicle can be confiscated after their third DUI conviction. The installation of an ignition interlock device and alcohol education or treatment is also a possibility penalty option of the courts.

After the fourth conviction, DUI is considered a felony.