The whole Montana guide

MONTANA FIELD FILE

Every section, top to bottom.

About this guide — education built from the Montana Code Annotated as the Montana Legislature publishes it, not a law degree in a webpage. Applying it to a particular situation is the work of a licensed Montana attorney or a legal aid office. Current as of October 2026.

A licensee has the driver's license in immediate possession at all times when driving and displays it on the demand of a peace officer, a highway patrol officer, a judge or an inspector of the department.

Beginning September 1, 2025, a digital or hard copy version of the license issued and authorized by the department meets the requirement.
A person charged with not carrying a license is not convicted who produces, in court or at the arresting officer's office, a license valid at the time of the arrest.

MCA 61-5-116

Every owner or operator carries proof of insurance in the vehicle, an insurance card or an electronic device that can display the insurer's electronic document, and shows it on the demand of a peace officer.

MCA 61-6-302

No one may willfully fail or refuse to comply with a lawful order or direction of a peace officer, flag person, crossing guard or public safety worker about the use of the highways by traffic.

MCA 61-8-105

The Fourth Amendment sets limits on every stop, and the Supreme Court of the United States has drawn several of them. It has held that a stop is reasonable where the officer has probable cause to believe a traffic violation occurred, whatever the officer's actual motive; that an officer making a lawful stop may order the driver, and the passengers, out of the vehicle; that a passenger is seized by the stop and may challenge it; and that a stop may last no longer than its purpose requires, so it may not be extended for a dog sniff without separate reasonable suspicion. It has also held that consent to a search has to be voluntary, judged on all the circumstances, and that the prosecution does not have to prove the person knew they could refuse. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

Sources for this section (9)

MCA 61-5-116 — License to be carried and exhibited on demand
MCA 61-6-302 — Proof of compliance -- definition
MCA 61-8-105 — Obedience to peace officers, flag persons, crossing guards, and public safety workers -- definitions
Whren v. United States, 517 U.S. 806 (1996) — A traffic stop is reasonable when there is probable cause of a traffic violation
Pennsylvania v. Mimms, 434 U.S. 106 (1977) — An officer may order the driver out of a lawfully stopped car
Maryland v. Wilson, 519 U.S. 408 (1997) — An officer may order passengers out of a lawfully stopped car
Brendlin v. California, 551 U.S. 249 (2007) — A passenger is seized by a traffic stop and may challenge it
Rodriguez v. United States, 575 U.S. 348 (2015) — A stop may not be extended beyond its purpose to run a dog sniff
Schneckloth v. Bustamonte, 412 U.S. 218 (1973) — Consent to a search must be voluntary

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

MONTANA FIELD FILE

Traffic stops

Being stopped

Marijuana and drugs

Impaired driving

Court and money

Your home

Recording

Carrying a firearm

Charges and penalties

How you carry yourself

Walk it through

MONTANA FIELD FILE

Traffic stops

Traffic StopsMCA 61-5-116 — the license on demand, on paper or a digital copy, and proof of insurance in the car▾

Speed Limits and Speeding FinesMCA 61-8-303 — 80 on the rural interstate, 70 by day on other highways, 25 in town, and a fine schedule by the miles over▾

Driving Without a License, or While SuspendedMCA 61-5-212 — up to $500 or six months for driving while suspended, and at least two days after a DUI suspension▾

Learner Licenses and Teen DriversMCA 61-5-133 — six months on a learner license, 50 supervised hours, no driving 11 p.m. to 5 a.m. the first year▾

Careless and Reckless DrivingMCA 61-8-301 — willful or wanton disregard is reckless, up to 90 days and $500 the first time▾

Passing a School BusMCA 61-8-351 — stop about 30 feet away from either direction, and a fine of $500 to $1,000 the first time▾

After a CrashMCA 61-7-105 — stop, give a name and plate, help the injured, and call it in at $1,000 of damage▾

Seatbelts and Child SeatsMCA 61-13-104 — a $20 fine, no stop for a belt alone, and car seats by age up to 9▾

Emergency Vehicles and the Move Over RuleMCA 61-8-388 — 20 under on the interstate, 30 under on other highways, or half the limit when a lane change is impossible▾

Fleeing from a Police OfficerMCA 61-8-707 — up to 1 year and $2,000, and a felony with up to 5 years when aggravated▾

Car InsuranceMCA 61-6-304 — $250 to $500 the first time, and the plates surrendered on a second▾

Open Containers in the CarMCA 61-8-1026 — no open alcohol in the passenger area, and a fine of not more than $100▾

Marijuana in the CarMCA 61-8-1027 — sealed from the dispensary or out of reach, and a fine of not more than $100▾

Motorcycle HelmetsMCA 61-9-417 — a helmet for riders and passengers under 18▾

Window TintMCA 61-9-405 — front side windows at least 24% light transmission, rear windows 14%, and reflectance no more than 35%▾

Losing a License for a ConvictionMCA 61-5-205 — a year's revocation for vehicular homicide, a felony with a car or fleeing police, and suspension for three reckless driving convictions▾

Work Zones and Stopped CrewsMCA 61-8-389 — passing a stopped emergency or highway crew without slowing, or driving dangerously in a work zone, is reckless endangerment▾

Securing a LoadMCA 61-8-370 — a load secured against littering or road hazards, and what falls off removed or paid for▾

Wagons and Buggies on the RoadMCA 61-8-108 — an animal drawn vehicle's driver has a driver's rights and duties▾

Being stopped

Being Stopped by PoliceMCA 46-5-401 — a stop on particularized suspicion, a name and an explanation asked, and a frisk only for weapons▾

Being ArrestedMCA 46-6-311 — probable cause and circumstances that require immediate arrest, the warnings before questions, and a judge without unnecessary delay▾

When Police Come to the HouseMCA 46-5-221 — a warrant on sworn facts that particularly describe the place, served within 10 days, and no night arrest at home for a misdemeanor▾

Resisting Arrest and Obstructing an OfficerMCA 45-7-301 — force or a risk of injury to stop an arrest, up to $500 and 6 months, and no defense that the arrest was unlawful▾

A Ticket Instead of an ArrestMCA 46-6-310 — a written notice to appear in place of an arrest, and posted bail except for partner assault, stalking and order violations▾

Marijuana and drugs

MarijuanaMCA 16-12-106 — legal at 21: 1 ounce, 8 grams of concentrate, 800 milligrams in edibles, and two plants at home▾

Drug PossessionMCA 45-9-102 — any dangerous drug beyond what the marijuana law allows, up to 5 years and $5,000, with a deferred sentence presumed the first time▾

Selling DrugsMCA 45-9-101 — distribution up to 25 years, possession with intent up to 20, and 2 to 40 for fentanyl▾

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

Providing Alcohol to Someone Under 21MCA 16-6-305 — no sale or provision under 21, and no intoxicating quantity even from a parent▾

Tobacco and Vapes Under 18MCA 16-11-305 — no sale to anyone under 18, and a $50 fine for a first possession▾

Clearing an Old Marijuana ConvictionMCA 16-12-113 — a conviction for what is now legal, or now punished less, expunged or reduced, presumed unless the county attorney shows otherwise▾

Impaired driving

DUI PenaltiesMCA 61-8-1007 — 0.08, or 5 ng/ml of THC, and 24 hours and $600 the first time▾

The DUI Stop and the TestMCA 61-8-1016 — implied consent, the right to refuse, and a suspension of up to 1 year for refusing▾

Drivers Under 21MCA 61-8-1007 — 0.02 or any THC, $100 to $500, and a 90 day suspension the first time▾

The License Suspension After a Refusal or a DUIMCA 61-8-1032 — 6 months for a first refusal, a 5 day temporary permit, and 30 days to petition the court▾

Ignition Interlock and 24/7 SobrietyMCA 61-8-1010 — a choice of monitoring on a first DUI, and on a second, the program, the interlock, or the cars seized▾

Court and money

Payday and the Last PaycheckMCA 39-3-205 — the final wages by the next payday or within 15 days, at once after a firing for cause, and a penalty up to 110%▾

Minimum Wage and OvertimeMCA 39-3-405 — overtime after 40 hours in a workweek, and a minimum wage tied to the cost of living each year▾

Wrongful DischargeMCA 39-2-904 — after the probationary period a firing needs good cause, with lost wages up to 4 years and 1 year to sue▾

Unemployment After a Job EndsMCA 39-51-2402 — quitting without good cause or a firing for misconduct disqualifies, and an appeal is due within 10 days▾

Hurt at WorkMCA 39-71-603 — notice to the employer within 30 days of the accident, and a signed written claim within 12 months▾

Discrimination at WorkMCA 49-2-303 — no job decisions by race, creed, religion, color, national origin, age, disability, marital status or sex, and 180 days to complain▾

Working Under SixteenMCA 41-2-115 — at 14 and 15, no work in school hours, 3 hours on a school day and 18 in a school week▾

Equal PayMCA 39-3-104 — women paid the same as men for equivalent service, and a fine of $25 to $500 for each offense▾

Getting DivorcedMCA 40-4-104 — 90 days living in the state, and a marriage irretrievably broken by 180 days apart or serious discord▾

Property and Maintenance in a DivorceMCA 40-4-202 — an equitable split of everything either spouse owns, without regard to misconduct, and maintenance only on need▾

Parenting PlansMCA 40-4-212 — the best interest of the child, and frequent and continuing contact with both parents unless it would harm the child▾

Moving with a ChildMCA 40-4-217 — written notice to the other parent, a motion served at least 30 days before the move, and 21 days to respond▾

An Order of ProtectionMCA 40-15-201 — a temporary order at once on a sworn petition, a hearing within 20 days, and no cost to file▾

Getting MarriedMCA 40-1-202 — a license from the district court clerk at age 18, or 16 with a judge's approval, good for 180 days▾

Reporting Child AbuseMCA 41-3-201 — doctors, teachers, clergy, police and others report promptly to the department, and anyone may▾

Turning 18MCA 41-1-101 — anyone under 18 is a minor, with 21 still the age for alcohol▾

Signing a WillMCA 72-2-522 — in writing, signed, and witnessed by two, or handwritten and signed with no witnesses at all▾

Revoking a WillMCA 72-2-527 — a later will that replaces it, or burning, tearing, canceling or destroying it on purpose▾

Dying Without a WillMCA 72-2-112 — the spouse takes all when the children are all theirs together, and otherwise a set amount plus a share of the rest▾

A Spouse Left Out of the WillMCA 72-2-232 — an elective share of 50% of the marital property, claimed within 9 months of the death▾

A Small EstateMCA 72-3-1101 — an affidavit 30 days after the death collects the property when the estate is $100,000 or less▾

A Living WillMCA 50-9-103 — signed and witnessed by two, revocable at any time in any manner, and in force only at a terminal condition▾

A Power of AttorneyMCA 72-31-304 — durable unless it says otherwise, signed by the principal, and effective when signed unless it names a later time▾

Getting Public RecordsMCA 2-6-1003 — every person may examine and copy public information, with receipt acknowledged within 5 business days▾

Open MeetingsMCA 2-3-203 — every meeting of a public body is open, closed only for individual privacy or some litigation strategy▾

Registering to VoteMCA 13-2-301 — regular registration closes 30 days before an election, and late registration runs to noon the day before▾

Voting After a FelonyMCA 13-1-111 — no vote only while serving the sentence in a penal institution, and every right back when the sentence ends▾

Unfair and Deceptive PracticesMCA 30-14-133 — the loss or $500, whichever is greater, and up to three times the loss in the court's discretion▾

A Sale at the DoorMCA 30-14-504 — cancel until midnight of the third business day after signing, and the money back within 10 days▾

The Lemon LawMCA 61-4-504 — four repairs of the same defect or 30 business days out of service under warranty, then a replacement or refund▾

What Creditors Cannot TakeMCA 70-32-104 — a homestead set at $350,000 in 2021 and rising 4% a year, plus household goods, a car and tools▾

Small Claims CourtMCA 25-35-502 — claims up to $7,000, no lawyers unless both sides have one, and 10 days to appeal▾

How Long to SueMCA 27-2-204 — 3 years for most injuries, 2 for property damage and defamation, and 6 for a written contract▾

A Claim Against the GovernmentMCA 2-9-301 — a claim against the state goes to the department of administration first, which has 120 days▾

Changing a NameMCA 27-31-101 — a petition to the district court where the person lives, and notice published for 4 weeks▾

Counting a DeadlineMCA 1-1-306 — leave out the first day, count the last, and a last day on a Saturday or holiday moves to the next business day▾

Tattoos and Piercings Under EighteenMCA 45-5-623 — a child's tattoo or piercing needs a parent's explicit consent in person▾

An Exotic Animal as a PetMCA 87-5-705 — exotic wildlife only as the law or the commission allows, and some species need a permit▾