On Behalf of Stevenson Law Office | Jun 4, 2025 | Criminal Law |
Being stopped by law enforcement and cited for an open container of alcohol in your vehicle can be frustrating and confusing, especially if you were unaware of the specific rules. In Montana, open container laws apply when any part of an alcoholic beverage is unsealed or open and is located within the passenger area of a vehicle traveling on a highway. Even if the driver is not impaired, an officer can still take action if an open container is found.
Although this violation typically results in a civil fine rather than a criminal charge, it still matters. Misunderstanding the law or facing a wrongful accusation can lead to stress and potential consequences for your record or your reputation. It is important to understand when possession of an open container may be legal and when it is not.
Exemptions to the open container rules
Montana law makes room for exceptions where open containers are allowed without a violation. These situations depend on where the container is located or who is in possession of it. Here are common exemptions that may apply:
- Locked glove compartments or storage areas: If the open container is secured in a locked compartment out of reach, this may not count as unlawful possession.
- Trunks or cargo areas: Alcohol kept in the trunk, truck bed or a luggage compartment is generally permitted, even if the container is open.
- Behind the last upright seat in vehicles without a trunk: For vehicles such as SUVs, placing the container behind the last row of seats may fall under a legal exception.
- Closed containers in areas not normally occupied by passengers: In vehicles with no traditional trunk space, sealed containers in out-of-reach locations may be lawful.
- Passengers in commercial vehicles or campers: If the open container is held by a passenger in a taxi, bus, limousine or inside the living area of a camper or motorhome, no violation occurs.
If you believe your situation fits one of these exceptions, you may have grounds to contest the charge. Obtaining legal guidance can be helpful in reviewing the facts and protecting your rights.
