Open container law — Montana Permit Test

Montana law prohibits anyone in a motor vehicle from possessing an open alcoholic beverage container, and a container holding any amount of alcohol counts.

A nearly empty can in the cup holder is still an open container, and a sip from it is one reach away.

Montana law also prohibits the possession of an open alcoholic beverage container by a person in a motor vehicle.

An open alcoholic beverage container may be carried in a trunk, luggage compartment, truck bed or cargo compartment.

An open bottle on the seat invites a drink at the next red light; in the trunk, no one can reach it.

Open alcoholic beverage containers, including bottles, cans, jars or other receptacles containing any amount of an alcoholic beverage must be kept:

An open alcoholic beverage container may be kept in the glove compartment or a storage compartment only if it is locked.

An unlocked glove box puts the bottle within the driver's arm's reach.

Open alcoholic beverage containers, including bottles, cans, jars or other receptacles containing any amount of an alcoholic beverage must be kept:

In a vehicle without a trunk, an open alcoholic beverage container must be kept behind the last upright seat or in a closed container in an area the driver and passengers do not normally sit in.

In a van or SUV with no trunk, a bottle left between the seats is as easy to reach as one in the driver's lap.

Behind the last upright seat or within a closed container kept in an area not normally occupied by the driver or passenger of any motor vehicle that is not equipped with a trunk.

How much alcohol must an open container hold to fall under Montana's open-container law?

Any amount. A nearly empty can in the cup holder is still an open container, and a sip from it is one reach away. Montana Driver Manual, p.72: “Montana law also prohibits the possession of an open alcoholic beverage container by a person in a motor vehicle.”