Montana has the highest record of alcohol related fatalities in the nation. Montana's ban on open containers is an important step in reducing those fatalities and making our roadways safer for the traveling public.
61-8-1026. Unlawful possession of open alcoholic beverage container in motor vehicle on highway.
A bottle, can, jar, or other receptacle that contains any amount of an alcoholic beverage that is open or has a broken seal or the contents of which are partially removed or are immediately capable of being consumed.
The law prohibits unlawful possession of an open alcoholic beverage container by a person in a motor vehicle on a highway. Montana had the highest rate of alcohol related fatalities per vehicle mile traveled in the nation in 2002 and 2003 as reported by the National Highway Traffic Safety Administration. The open container law helps provide the message that it is not okay to drink and drive in Montana.
The person in possession of the open container.
Yes, an open container can be stored in a locked glove compartment.
Yes, as long as the operator is a hired driver and has met the legal requirements of other public laws such as licensing requirements and local open container ordinances.
Yes, in the living quarters of a camper, travel trailer, or motor home, the law allows a person to have an open alcoholic container.
This is permissible as long as it is not on a public highway and meets all other legal requirements such as local open container ordinances.
Yes, a person convicted of the offense of unlawful possession of an open alcoholic beverage container in a motor vehicle shall be fined an amount not to exceed $100.
Alcohol Crash Statistics for Montana
Traffic Safety Problem Identification
You may also be interested in:
NHTSA's Traffic Safety Legislative Fact Sheets