{"data":{"id":"us-mt/61-8-1026","jurisdiction":"us-mt","citation":"61-8-1026","heading":"Unlawful possession of open alcoholic beverage container in motor vehicle on highway.","body":"(1) Except as provided in subsection (2), a person commits the offense of unlawful possession of an open alcoholic beverage container in or on a motor vehicle if the person knowingly possesses an open alcoholic beverage container within the passenger area of a motor vehicle on a highway.\n(2) This section does not apply to an open alcoholic beverage container:\n(a) in a locked glove compartment or storage compartment;\n(b) in a motor vehicle trunk or luggage compartment or rack, or in a truck bed or cargo compartment;\n(c) behind the last upright seat of a motor vehicle that is not equipped with a trunk;\n(d) in a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger; or\n(e) in the immediate possession of a passenger:\n(i) of a bus, taxi, or limousine that is used for the transportation of persons for compensation and that includes the provision of a hired driver; or\n(ii) in the living quarters of a camper, travel trailer, or motor home.\n(3) (a) 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.\n(b) A violation of this section is not a criminal offense within the meaning of 3-1-317, 3-1-318, 45-2-101, 46-18-236, 61-8-104, and 61-8-711 and may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of this section against the insured or increase premiums because of the violation. The surcharges provided for in 3-1-317, 3-1-318, and 46-18-236 may not be imposed for a violation of this section.","path":["TITLE 61. MOTOR VEHICLES","CHAPTER 8. TRAFFIC REGULATION","Part 10. Driving Under Influence of Alcohol or Drugs"],"source_url":"https://mca.legmt.gov/bills/mca/title_0610/chapter_0080/part_0100/section_0260/0610-0080-0100-0260.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:57:58Z","sha256":"6378206aa87ae0ee0ed7c5316f204671ad376c3615d5f4ed77d7b94724089d29","source_id":"us-mt","stale":false,"prev":"us-mt/61-8-1025","next":"us-mt/61-8-1027"},"notice":"GroundRules: Original legal text. Not legal advice."}