Montana
Montana Open Container Law (2026): Possession Ban Explained
Independently fact-checked against primary sources (last audited September 17, 2026). · 3 primary sources cited on this page. How we verify our legal content
Montana bans knowingly possessing an open alcoholic beverage container in the passenger area of a vehicle, and that ban applies to the driver and to every passenger, under Mont. Code Ann. Section 61-8-1026. The rule reaches an unlocked glove or storage compartment but not the trunk, and it applies only while the vehicle is on a highway. This reflects the statute's text as of September 2026.
Jurisdiction scope: This page covers Montana state law only, specifically Mont. Code Ann. Section 61-8-1026. It does not cover local municipal ordinances or Montana's separate DUI statutes.
What Montana's Open Container Law Bans
Montana's rule is possession-based: it bans knowingly having an open alcoholic beverage container within the passenger area of a vehicle while the vehicle is on a highway, and the ban reaches the driver and every passenger, not just the driver. The statute's text does not include a separate consumption offense; the possession of the open container itself is what the law addresses, so the practical effect covers drinking as well, since drinking from a container necessarily means possessing it.
The "passenger area" includes an unlocked glove or storage compartment. Mont. Code Ann. Section 61-8-1001(13) defines "passenger area" as the area designed to seat the driver and passengers, plus any area readily accessible to them while seated, "including an unlocked glove compartment." That definition itself contains no exclusions. Separately, Section 61-8-1026(2) exempts the vehicle's trunk, luggage rack, or truck bed, and, in a vehicle with no trunk, the area behind the last upright seat, from the possession ban.
Exemptions to Montana's Open Container Law
Montana's statute lists several categories that fall outside the ban:
- A container locked in the glove compartment or another locked storage compartment.
- The trunk, luggage rack, or truck bed of the vehicle.
- The area behind the last upright seat, in a vehicle that has no trunk.
- A closed container kept in a part of the vehicle not occupied by the driver or passengers, in a vehicle without a trunk.
- In the immediate possession of a passenger, not the driver: someone riding in a bus, taxi, or limousine operated for compensation with a hired driver, or someone in the living quarters of a camper, travel trailer, or motor home.
Penalty for a Montana Open Container Violation
A violation of Section 61-8-1026 is not a criminal offense within the meaning of the specific statutes the section lists (including Montana's general criminal code and traffic-record statutes). It may not be recorded or charged against a driver's record, and an insurance company may not hold the violation against the insured or increase premiums because of it. The fine cannot exceed $100.
Montana and the Federal Open Container Standard
Federal law, 23 U.S.C. Section 154 (implemented by 23 CFR 1270.4), requires a state's open container law to ban both possession and consumption for every vehicle occupant to count as fully compliant for federal highway-funding purposes. Montana does not appear on FHWA's fiscal year 2026 list of non-conforming states, which names 12 states whose laws fall short of that standard. Montana's statute is written as a possession ban without a separately stated consumption offense, though this page does not represent Montana's absence from the FHWA list as a separate, official per-state federal certification of every element of the state's law.
Disclaimer: This article provides general legal information about Montana's open container law as of September 2026. It is not legal advice. Consult a lawyer licensed in Montana for advice about a specific situation.
Related reading: open container laws by state, Montana DUI laws, and Montana window tint laws.
Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.
Frequently Asked Questions
Can passengers have an open container of alcohol in a car in Montana?
No. Montana bans knowingly possessing an open alcoholic beverage container in the passenger area of a vehicle, and that ban applies to every passenger as well as the driver, unless an exemption such as a locked compartment, the trunk, or an exempt vehicle type applies.
Is a locked glove compartment exempt from Montana's open container law?
Yes. Section 61-8-1026(2) exempts a locked glove or storage compartment, along with the trunk, luggage rack, or truck bed, and, in a vehicle with no trunk, the area behind the last upright seat, from the possession ban - these are exemptions, not part of the passenger-area definition itself. An unlocked glove compartment does not qualify.
Does Montana's open container law apply to limousine or taxi passengers?
A passenger, not the driver, has an exemption for immediate possession of an open container while riding in a bus, taxi, or limousine operated for compensation with a hired driver. The same immediate-possession condition applies to the living quarters of a camper, travel trailer, or motor home. The driver of any of these vehicles remains bound by the general possession ban.
What is the penalty for an open container violation in Montana?
A violation is not a criminal offense within the meaning of the specific statutes the section lists. The fine cannot exceed $100, it may not be recorded or charged against the driver's record, and an insurer may not hold it against the insured or raise premiums because of it.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- Mont. Code Ann. § 61-8-1026 - Possessing open alcoholic beverage container in motor vehicle(mca.legmt.gov).gov
- 23 U.S.C. § 154(a) - Open container requirements(law.cornell.edu)
- 23 CFR 1270.4 - federal compliance criteria requiring possession and consumption bans for all occupants(law.cornell.edu)
- FHWA Notice N4510.905 (FY2026 apportionment notice) - list of states with a non-conforming open container law(highways.dot.gov).gov
- Mont. Code Ann. § 61-8-1001(13) - Definitions ("passenger area," including an unlocked glove compartment)(mca.legmt.gov).gov