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Underage Drinking

MCA 45-5-638 — $100 to $300 and 20 hours of service the first time, and no charge for seeking medical help

A person under 21 commits possession of an alcoholic beverage by knowingly consuming, using, having or giving one away. No one is charged only for being where others were drinking, or for alcohol lawfully supplied to them.

  • MCA 45-5-638
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Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.

OffenseFineCommunity service
OffenseFirstFine$100 to $300Community service20 hours
OffenseSecondFine$200 to $600Community service40 hours
OffenseThird or laterFine$300 to $900Community service60 hours
  • MCA 45-5-638

Each comes with a substance abuse information course. Under 18, a license is also confiscated, for 30 days the first time and 6 months the second.

  • MCA 45-5-638

Calling for help. A person under 21 may not be charged or prosecuted for this offense after seeking medical treatment for themselves or another person under 21 who has been drinking, or when the evidence came from medical treatment the drinking required.

  • MCA 45-5-638
Sources for this section (1)
  1. MCA 45-5-638 — Possession of or unlawful attempt to purchase alcoholic beverage -- interference with court order

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

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