Justice Court - Minor in Possession (MIP)
Unlawful Possession of Alcohol Under 18
In addition to any disposition by the Youth Court:
1st Offense - up to $100 fine and an $85 surcharge AND will be ordered to community service AND shall complete a substance abuse information course (where available), at their own expense.
2nd Offense - up to $200 fine and a $85 surcharge AND will be ordered to community service AND shall complete a substance abuse information course, at their own expense and may be ordered to perform community service.
3rd or Subsequent Offense - $300 to $500 fine and a $85 surcharge AND will be ordered to community service AND shall complete a substance abuse information course, at their own expense, WHICH MAY INCLUDE ALCOHOL AND DRUG TREATMENT.
IN ADDITION: The offender's driver's license may be suspended for 60 days to 1 year. The court may recommend a restricted probationary license after 30 days of the suspension period.
FAILURE TO COMPLY: Defendants under age 21, who were under 18 when they failed to comply, must be transferred to Youth Court as youths in need of intervention.
Unlawful Possession 18 and Over
1st Offense - up to $100 fine and a $85 surcharge AND may be ordered to perform community service AND shall complete a substance abuse information course (where available), at their own expense.
2nd Offense - up to $200 fine and a $85 surcharge AND may be ordered to perform community service AND shall complete a substance abuse information course (where available), at their own expense.
3rd or Subsequent Offense - up to $300 fine and a $85 surcharge AND may be ordered to perform community service AND shall complete an alcohol information course at an alcohol treatment program which may include alcohol drug treatment or both. That individual MAY BE sentenced to a county jail. (Not to exceed 6 months)
Attempt to Purchase
Any person under the age of 21 convicted of attempting to purchase SHALL be fined up to $150 and a $85 surcharge AND may be ordered to perform community service. MCA 45-5-624(4).
.02 Violation Under the Age of 21
It is unlawful for anyone under the age of 21 to drive or be in actual physical control of a motor vehicle with a BAC of .02 or greater.
1st Offense - $100 to $500 fine and a $35 surcharge and the individuals drivers license shall be suspended for a period of 90 days by the Department of Justice.
2nd Offense - $200 to $500 fine and a $35 surcharge. If over the age of 18, said individual may be sentenced to 10 days of jail time. The Department of Justice shall suspend the individual's driver's license for 6 months.
3rd or Subsequent Offense - $300 to $500 fine and a $35 surcharge. If 18 or over, the violator SHALL be sentenced to a MINIMUM of 24 hours to 60 days in jail. The Department of Justice SHALL suspend the driver's license for 1 year.
IN ADDITION: All defendants SHALL comply with ACT as listed in MCA 61-8-732.
(If the Defendant is under 18, a restricted probationary license may not be issued until after 30 days of the suspension period has been completed. The reinstatement fee of $100 must be paid by all offenders.)
