Montana punishes DUIs as harshly as any other state, and there’s a $100 fine for driving with an open container of alcohol on highways and public roads. However, the incident won’t be counted on your driving record and can’t be used by your insurance company to raise your premiums.
What is the open container law in Montana?
Drivers are forbidden from having an open container of alcohol in their car on highways or public roads in Montana. The purpose of the law is to curb alcohol-related fatalities on Montana’s roads, which rank among the highest in the nation. If a driver is in possession of an open container of alcohol, they will be issued a ticket.
What counts as an open container?
A bottle, can, jar, or other receptacle that contains any amount of an alcoholic beverage that is open or has a broken seal or the contents of which are partially removed or are immediately capable of being consumed.
What are the exceptions to Montana’s open container laws?
What are the penalties for breaking Montana’s open container law?
If you break the open container laws in Montana, you can expect to receive a fine of no more than $100. Fortunately, the incident won’t be recorded on your driving record, and insurance companies are forbidden from raising your premiums.
Whether or not you have an open container in the car, driving with a Blood Alcohol Content (BAC) level of 0.08% or greater is strictly forbidden. It may result in a conviction of Driving Under the Influence (DUI), which carries a six-month driver’s license suspension and a fine of $600 to $1,000. A second conviction within 10 years extends the fine to $1,200 to $2,000 ($2,500 to $5,000 for a third conviction) and the license suspension period to one year.
If you’re pulled over by law enforcement on suspicion of committing a DUI, you might be asked to take a breath or blood test to measure your BAC. Refusing a test will result in a six-month driver’s license suspension, with subsequent refusals extending that period to one year.
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