Montana § 61-8-1026 Unlawful Possession Of Open Alcoholic Beverage Container In Motor Vehicle On Highway

Montana Statutes

§ 61-8-1026 — Unlawful Possession Of Open Alcoholic Beverage Container In Motor Vehicle On Highway

Montana § 61-8-1026

Title 61MOTOR VEHICLES

Ch. 8TRAFFIC REGULATION

Part 10Driving Under Influence of Alcohol or Drugs

This text of Montana § 61-8-1026 (Unlawful Possession Of Open Alcoholic Beverage Container In Motor Vehicle On Highway) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 61-8-1026 (2026).

Text

61-8-1026 . Unlawful possession of open alcoholic beverage container in motor vehicle on highway.

(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.

(2)This section does not apply to an open alcoholic beverage container:

(a)in a locked glove compartment or storage compartment;

(b)in a motor vehicle trunk or luggage compartment or rack, or in a truck bed or cargo compartment;

(c)behind the last upright seat of a motor vehicle that is not equipped with a trunk;

(d)in a closed container in the area of a motor vehicle that is not equipped with a trunk and

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61-8-1026 . Unlawful possession of open alcoholic beverage container in motor vehicle on highway. (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.
(2) This section does not apply to an open alcoholic beverage container:
(a) in a locked glove compartment or storage compartment;
(b) in a motor vehicle trunk or luggage compartment or rack, or in a truck bed or cargo compartment;
(c) behind the last upright seat of a motor vehicle that is not equipped with a trunk;
(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
(e) in the immediate possession of a passenger:
(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
(ii) in the living quarters of a camper, travel trailer, or motor home.
(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.
(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.