Montana Public Intoxication Penalties (2026)

Public intoxication and drunk in public charges charges in Montana: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing public intoxication charges in Montana, consult a licensed Montana criminal defense attorney.

Montana Public Intoxication Penalties

OffensePenalty
First OffenseMisdemeanor: up to 6 months, $500 fine
Second OffenseMisdemeanor: same

MCA §45-8-142

Public Intoxication Statute of Limitations in Montana

In Montana, the general statute of limitations for a felony is 5 years and for a misdemeanor is 1 year.

See all Montana statutes of limitations →

Defending Against Public Intoxication Charges in Montana

Common defenses in Montana public intoxication cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Montana criminal defense attorney for advice.

Related Montana Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering