Montana's Open Container Laws

What Does Montana’s Open Container Law Actually Say?

Montana Code Annotated § 61-8-460 makes it illegal for anyperson in a motor vehicle on a public highway or adjacent right-of-way to possessan open alcoholic beverage container. This law applies to drivers andpassengers, and it does not matter whether the beverage is being activelyconsumed.

The law defines an “open container” as any bottle, can, orother receptacle:

• That     has been opened,
• That     has a broken seal, or
• From     which part of the contents has been removed.

It’s important to emphasize that mere possession isenough for a violation—even if you’re not drinking it.

Where Open Containers Are Prohibited

The open container law applies to:

• Public     highways and county roads
• Vehicles     in motion and vehicles temporarily stopped or parked
• The passenger     compartment of a car, truck, or SUV

In practice, this means any alcoholic beverage—beer, wine,liquor… Whether it’s in a cup holder, door pocket, or even a backpack on theseat.

Where Open Containers Can Be Legally Stored

The law provides exceptions for storage of alcohol in areasthat are not accessible from the passenger area. Legal options include:

• The trunk     of a car
• The bed     of a pickup truck
• Behind     the last upright seat in a vehicle without a trunk (like an SUV or     hatchback)

In other words, if law enforcement determines that thecontainer was reachable by anyone in the vehicle, that’s enough to issue acitation.

Exceptions to the Rule

Montana law recognizes limited exceptions, such as:

• Passengers     in a for-hire vehicle like a limousine or party bus (not a standard     Uber or Lyft)
• Living     quarters of a motorhome or recreational vehicle (RV)

In these cases, alcohol may be lawfully consumed bypassengers, but the driver is still prohibited from possessing or accessingopen alcohol while driving.

Additionally, special alcohol permits may apply inpublic parks or trails managed by cities like Missoula, but these arelocation-specific and must be obtained through the proper channels.

What Happens If You’re Cited?

A violation of Montana’s open container law is a misdemeanortraffic offense. Penalties typically include:

• A fine     of up to $100
• Possible     points on your driving record
• Probable     cause for a DUI investigation, if officers observe additional signs of     impairment

While this may not result in jail time, the consequences canadd up—especially if you’re on probation, hold a commercial driver’s license,or are under the legal drinking age.

Why This Matters

Open container citations are often underestimated. But theycan have broader implications:

• They     may complicate DUI charges, especially if field sobriety tests or     breath tests follow the stop.
• They     can be used to justify searches of your vehicle, leading to     additional charges.
• For     repeat offenders or minors, they may trigger harsher penalties or driver’s     license suspensions.

At Ryan, Miller & Coburn, we’ve seen opencontainer charges used as leverage in DUI cases, college conduct hearings, andprobation violations. One bad judgment call shouldn’t define your record orfuture.

What To Do If You’ve Been Charged

If you’re facing an open container citation—or if it’s partof a broader DUI arrest—it’s critical to speak with a knowledgeable defenseattorney right away. Our team at Ryan, Miller & Coburn will:

• Evaluate     whether the stop and search were lawful
• Examine     the facts of the case to challenge the citation
• Work     to minimize fines, preserve your driving record, and protect your future
•  

Meanwhile in Butte…
While Missoula’s alcohol-in-parks rules might feel strict (yes, there arepermits, trail restrictions, and entire parks where alcohol is completelybanned), we’re not the only Montana city drawing clearer lines around publicdrinking.

Butte-Silver Bow commissioners voted 7–5 to approve a newpublic drinking ordinance—banning open containers and public alcoholconsumption between 2 a.m. and 8 a.m. This is a major shift for Butte,long known as one of the only places in the country without restrictions onpublic drinking.

At the final vote, Chief Executive Matt Vincent urgedcommissioners to move forward, saying, “Enough is enough. We have too manytremendous opportunities in front of us to spend any more time or energy onthis.” He even acknowledged that he had once considered sending the issue to apublic vote, but changed his mind due to rising concerns, bad press, and advicefrom outside leadership.

The ordinance goes into effect 30 days after the vote onNovember 20, meaning that starting December 20, public drinking inButte will only be allowed during daytime and evening hours. After 2 a.m., ifyou’re still partying in public, it could cost you.

So why does this matter for Missoula? Because local lawson public drinking are changing across the state—even in places you’d neverexpect. This week, as we dig deeper into Missoula’s alcohol permit system andwhat’s allowed in our parks and trails, Butte’s move is a reminder: knowing therules helps you stay safe, respectful, and fine-free.

Final Thoughts

While Montana prides itself on its independent spirit, opencontainer laws are clear—and strictly enforced. Keeping alcohol out of thecabin of your vehicle is the simplest way to avoid a costly mistake. And if youdo find yourself facing charges, know that you don’t have to navigate the legalsystem alone.

‍