Montana’s Underage DUI Laws

How Montana’s drunk driving laws apply to drivers who are under 21 years old and the consequences of an underage DUI.

Under Montana law, it's illegal for drivers who are younger than the legal drinking age (21 years old) to operate a vehicle with a blood alcohol concentration (BAC) of .02% or more. Here are the consequences a driver faces if convicted of an underage DUI (operating under the influence) offense.

Underage DUI Penalties

An underage DUI violation will result in the following consequences:

  • First offense. For a first violation, the driver faces a fine of $100 to $500 and a 90-day license suspension.
  • Second offense. For a second violation, the driver is looking at $200 to $500 in fines, a six-month license suspension, and up to ten days in jail (if at least 18 years old).
  • Third offense. For a third violation or subsequent offense, the driver will be facing $300 to $500 in fines, a one-year license suspension, and one to 60 days in jail (if at least 18 years old).

All offenders must also complete substance abuse education and treatment. During the suspension period, the driver might be eligible for a restricted license.

When Underage Drivers Face Standard DUI Penalties

Underage drivers who are caught operating a vehicle with a BAC of .08% or more or while under the influence of (impaired by) drugs or alcohol face the standard DUI penalties. Depending on the circumstances, someone convicted of a standard DUI could be looking at fines, jail time, and license suspension.

Talk to an Attorney

Regardless of the charge, it's always best to talk to an experienced DUI attorney if you've been cited for driving under the influence. A qualified lawyer can tell you how the law applies to your situation and help you decide on the best course of action.

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