Welcome to Legal Help
Home Montana DUI Laws Underage Drunk Driving in Montana

Free Help – Ask Your DUI Questions

legal dui questions

Choose a State

Underage Drunk Driving in Montana

Montana has enacted different statutes for individuals under the legal drinking age of 21. As you will see, the elements and punishments parallel those of the above crimes; however, the requirements are much stricter for obvious reasons.

Elements for “Driving with Excessive Alcohol Concentration While Underage”

Montana law sets out the guidelines for individuals under the age of 21 as a separate and distinct offense.  Like “Driving with Excessive Alcohol Concentration,” the offense of “Driving with Excessive Alcohol Concentration While Underage” follows the elements of a person’s alcohol concentration. In addition to the above offenses, “Driving with Excessive Alcohol Concentration While Underage” also imposes absolute liability (see above for detailed discussion on absolute liability). The following elements must be met:

  1. A person under the age of 21;
  2. Driving or in actual physical control;
  3. Of a motor-vehicle; AND
  4. The person’s alcohol concentration is 0.02 or more;

Punishments (Ages 19-20)

The punishment for “Driving with Excessive Alcohol Concentration While Underage” follows the same imprisonment and fine system as the other offenses. The breakdown is as follows:

First Offense

-          Fined no less than $100 and no more than $500.

Second Offense

-          Fined no less than $200 and no more than $500.

-          If the person is over the age of 18 (and under the age of 21) imprisonment for no more than 10 days.

Third Offense

-          Fined no less than $300 and no more than $500.

-          If the person is over the age of 18 (and under the age of 21) imprisonment for no less than 1 day and no more than 60 days.

Punishments (Ages 18 and below)

For individuals under the age of 18, Montana forbids any imprisonment for a violation of this offense. However, in addition to the above fines, the court must do the following:

-          Revoke or suspend the person’s driver’s license.

-          Impound the motor vehicle operated by the individual for no more than 60 days.

  • However, this is applied only if the court finds that the person either owns the vehicle or is the only person who uses the vehicle.

Additional Punishment

Like the other offenses, “Driving with Excessive Alcohol Concentration While Underage” carries additional penalties. In addition to the punishments provided, an individual must:

-          Comply with the chemical dependency education course and chemical dependency treatment provisions as ordered by the court; AND

-          Suspend the person’s driver’s license for:

  • 90 days upon the first conviction;
  • 6 months upon the second conviction; AND
  • 1 year upon the third or subsequent conviction.

A restricted or probationary driver’s license may be issued to the individual, but only after that person has paid a “license reinstatement fee.” If the person is under the age of 18, the person must complete at least 30 days of the suspension period before that individual will be eligible for a restricted or probationary license.

An important note in this section is that Montana law treats “Driving with Excessive Alcohol Concentration While Underage” as a prior “Driving with Excessive Alcohol Concentration” or “Driving Under the Influence” conviction for purposes of the felony punishment statute. So a violation would be on an individual’s record and would count toward the number of offenses the individual has committed should he or she find him or herself violating another DUI related offense and the court is determining whether a felony punishment is appropriate.


If you have any questions about speeding tickets, please ask them at our legal help forum. free legal questions

Ask Questions, Get Answers

free legal help forum

Contact a DUI Lawyer Today!