Montana Drinking and Driving Laws: Why Drunk Driving Is a Problem - Cok Kinzler

Montana Drinking and Driving Laws: Why Drunk Driving Is a Problem

February 13,2025

With so many miles of winding mountain roads and natural hazards like deer, elk, rock falls, and downed trees, driving in Montana can be dangerous. That risk increases when you add drunk drivers in the mix.

The good news is that alcohol-caused fatalities in auto crashes have decreased in Montana. The bad news is that they’re still significantly higher than in the rest of the country — Montana is ranked #1 for drunk driving fatalities. Here’s a closer look at the drunk driving problem, Montana's drinking and driving laws, and what you can do if a drunk driver impacts your life.

Injured by a drunk driver? Seek legal representation right away. Reach out to us for a free consultation.

Montana's drunk driving statistics

Montana doesn’t look so good stacked up against other states. In 2022, there were 71 fatalities in the state resulting from alcohol-impaired driving. That might seem minimal compared to the 13,524 deaths nationwide in 2022, but when you break it down by population size, it looks a little more bleak.

According to the Montana Department of Transportation, alcohol-related driving fatalities made up 66% of deaths on Montana roads in 2020, up from 58% in 2019. In 2022, Montana had well above the national average per 100,000 people: 6.3 deaths compared to 4.1 nationwide. When it comes down to it, a single death is too many. There’s clearly a drunk driving problem here in Montana.

Montana drinking and driving laws

The Montana drinking and driving laws are very clear:

  • The BAC legal limit is 0.08 for non-commercial vehicles.
  • The BAC legal limit is 0.04 for commercial vehicles.
  • The BAC legal limit is 0.02 for people under 21 years of age.

Anyone driving with a blood-alcohol level over 0.08 in the state of Montana is looking at a DUI. That means hefty fines, a suspended license, and possibly jail time. The rules are stricter for commercial drivers and drivers under the age of 21. Anyone driving with an elevated blood-alcohol content above 0.16 can expect enhanced penalties.

Montana drinking and driving laws don't just extend to the driver at fault. Montana’s dram shop law means that the individual or establishment that overserved the drunk driver could be held responsible in civil courts. So, in certain circumstances, the bar where they had drinks could also be at fault.

The impact of drunk driving

The harm that drunk drivers cause goes well beyond a statistic. Driving and drinking doesn’t just impact that person who gets behind the wheel after they’ve had too many. It can also lead to the deaths of innocent bystanders and other drivers.

There’s a lot more at play here than just numbers. Each statistic represents lives lost, families shattered, and sadness that won’t ever go away entirely. In some cases, it can mean injury and hefty medical bills to pay.

What to do if you’re injured in a drunk driving crash

If you suspect that the driver responsible for a crash broke the Montana driving and drinking laws, it’s even more important to call 911 right away. Report your injuries, document the crash scene if you can, and keep a record of medical treatment and cost. You might be entitled to compensation beyond just an insurance claim. The pain and suffering caused can be substantial. The driver who caused you that harm shouldn’t get away without repercussions.

The legal professionals with Cok Kinzler are here to help you with your personal injury case. Get in touch for your free consultation, and find out how the law can let you find a way forward.