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Montana driving lesson · Fitness to Drive

Alcohol laws, open containers and reporting

A 3-minute lesson from the Montana course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
3 minutes
Course unit
Fitness to Drive
Checkpoint questions
6
Source pages
82

Montana's drinking-and-driving penalties are severe, and the legal limit is lower for drivers under 21. Refusing a test can cost you your license, and an open container in the passenger area is an offense on its own.

Know the rule

You may not buy or consume alcohol unless you are 21 or older.

Handbook p. 82 ↗

Blood alcohol concentration (BAC) limits

Blood alcohol concentration (BAC) limits
DriverYou can be arrested at
21 or older0.08% or more, or while under the influence
Under 210.02
Handbook p. 82 ↗

BAC

Blood alcohol concentration: the percentage of alcohol in your blood, usually measured by a breath, blood or urine test.

Handbook p. 82 ↗

Know the rule

If a police officer asks you to take a test, you must. You can lose your driver license if you refuse a BAC test.

Handbook p. 82 ↗

First alcohol conviction

First alcohol conviction
PenaltyAmount
Fine$300 to $1,000, plus court charges
Jail1 to 60 days
LicenseSuspended for six months
Handbook p. 82 ↗

Know the rule

Second and later convictions carry much worse penalties.

Handbook p. 82 ↗

Open containers must be kept

  • In a locked glove compartment or storage compartment
  • In a trunk, luggage compartment, truck bed or cargo compartment
  • If there's no trunk: behind the last upright seat, or in a closed container outside the occupied area
Handbook p. 82 ↗

Exceptions to the open container law

  • Containers with an unbroken seal and none of the contents removed
  • Open containers in the living quarters of a camper, travel trailer or motor home
  • Passengers of a hired driver in a bus, taxi or limousine
Handbook p. 82 ↗
50%

Montana traffic fatalities that are alcohol related

Handbook p. 82 ↗

Report a Drunk Driver

  • Call local law enforcement or the Montana Highway Patrol
  • Give the vehicle's description and direction of travel
  • You don't have to give your name
  • Toll-free: 1-800-525-5555
  • 71% of suspects contacted are arrested for drunk driving
Handbook p. 82 ↗

Put it into practice

Your friend wants to bring a half-finished bottle of wine home from dinner. Recork it and put it in the trunk. In the cup holder or on the seat, it's an open container in the passenger area — an offense.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

What is the legal blood alcohol concentration (BAC) limit for a driver 21 or older in Montana?
  1. 0.08%
  2. 0.05%
  3. 0.02%
  4. 0.10%

Answer: 0.08%

Drivers 21 and older can be arrested for a BAC of 0.08% or more.

Handbook p. 82 ↗
What is the legal BAC limit for a driver under 21 in Montana?
  1. 0.00%
  2. 0.02%
  3. 0.05%
  4. 0.08%

Answer: 0.02%

Drivers under 21 face a much lower legal limit of 0.02% BAC.

Handbook p. 82 ↗
What happens if you refuse to take a BAC test when a police officer asks?
  1. Nothing, refusal has no consequence
  2. You are only fined $20
  3. You can lose your driver license
  4. You must retake the written test

Answer: You can lose your driver license

Refusing a BAC test when lawfully requested can result in the loss of your driver license.

Handbook p. 82 ↗
What is the fine range for a first alcohol-related driving conviction?
  1. $50 to $200
  2. $1,000 to $2,500
  3. $500 to $2,000
  4. $300 to $1,000, plus court costs

Answer: $300 to $1,000, plus court costs

A first alcohol conviction carries a fine of $300 to $1,000, plus court charges.

Handbook p. 82 ↗
How long is your license suspended after a first alcohol conviction?
  1. Six months
  2. Thirty days
  3. One year
  4. Ninety days

Answer: Six months

A first alcohol violation conviction results in a six-month license suspension, in addition to fines and possible jail time.

Handbook p. 82 ↗
Where may you legally store an open container of alcohol while driving?
  1. In the center console within reach
  2. On the passenger seat if capped
  3. In the trunk or a locked storage compartment
  4. Anywhere as long as the driver doesn't drink it

Answer: In the trunk or a locked storage compartment

Open containers must be kept in a locked glove box, trunk, or similar compartment not normally occupied by driver or passengers.

Handbook p. 82 ↗
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