Open Containers in the Car
MCA 61-8-1026 — no open alcohol in the passenger area, and a fine of not more than $100
No one may knowingly possess an open alcoholic beverage container within the passenger area of a motor vehicle on a highway.
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.
- A locked glove or storage compartment, the trunk, a truck bed or behind the last upright seat in a vehicle with no trunk is outside the rule.
- A passenger of a bus, taxi or limousine with a hired driver is outside it.
- So is a passenger in the living quarters of a camper or motor home.
The fine is not more than $100, and the violation is not a criminal offense under the listed laws.
Sources for this section (1)
- MCA 61-8-1026 — Unlawful possession of open alcoholic beverage container in motor vehicle on highway
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.