# Montana & drunk driving - WTF?!?! **URL:** \ **Category:** Factual Questions\ **Created:** [June 11, 2003, 1:44pm UTC](https://boards.straightdope.com/t/montana-drunk-driving-wtf/181097 "2003-06-11T13:44:30Z")\ **Posts on this page:** 9\ **Page:** 2
**Author:** ![Ferret\_Herder](https://avatars.discourse-cdn.com/v4/letter/f/e47774/32.png) [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)\ **Post date:** [June 12, 2003, 3:28am UTC](https://boards.straightdope.com/t/montana-drunk-driving-wtf/181097/21 "2003-06-12T03:28:32Z")
> [@](#): > > \*Originally posted by pkbites \* > The answer is, they are sold in the same type of cup a milk shake is sold in. Until you stick the straw through the hole in the top of the cap, it’s not legally considered an open container. That’s weird - broken seal on a bottle of liquor is “open”, but a milkshake cup without a straw through the “x” in the lid is not? Heh. ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [June 12, 2003, 3:58am UTC](https://boards.straightdope.com/t/montana-drunk-driving-wtf/181097/22 "2003-06-12T03:58:38Z")
> [@](#): > > \*Originally posted by Ferret Herder \* > \*\*That’s weird - broken seal on a bottle of liquor is “open”, but a milkshake cup without a straw through the “x” in the lid is not? Heh. \*\* That’s what I was told, anyway. This would not fly in Wisconsin. I’ll tell you something though, (and we all agree that “the law is the law” and all that) cops in New Orleans (especially down in the French Quarter) must have to turn a blind eye to some things. That place is nuts! ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [June 12, 2003, 4:15am UTC](https://boards.straightdope.com/t/montana-drunk-driving-wtf/181097/23 "2003-06-12T04:15:28Z")
> [@](#): > > \*Originally posted by pkbites \* > \*\*That’s what I was told, anyway. This would not fly in Wisconsin. > I’ll tell you something though, (and we all agree that “the law is the law” and all that) cops in New Orleans (especially down in the French Quarter) must have to turn a blind eye to some things. That place is nuts! \*\* Is it any wonder Nawlins is nickenamed “The Big Easy?” ---
**Author:** ![hammerbach](https://avatars.discourse-cdn.com/v4/letter/h/73ab20/32.png) [@hammerbach](https://boards.straightdope.com/u/hammerbach)\ **Post date:** [June 12, 2003, 4:50am UTC](https://boards.straightdope.com/t/montana-drunk-driving-wtf/181097/24 "2003-06-12T04:50:32Z")
> [@](#): > > \*Originally posted by Ferret Herder \* > \*\*That’s weird - broken seal on a bottle of liquor is “open”, but a milkshake cup without a straw through the “x” in the lid is not? Heh. \*\* “Any penetration, however slight…” ---
**Author:** ![Darth\_Nader](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Darth\_Nader](https://boards.straightdope.com/u/Darth_Nader)\ **Post date:** [June 12, 2003, 9:40am UTC](https://boards.straightdope.com/t/montana-drunk-driving-wtf/181097/25 "2003-06-12T09:40:27Z")
FWIW, the rule for drivers entering the US from Mexico seems to be: “Get rid of your empties before you cross…” Many times, while lined up and waiting to get across the bridge, have I seen drivers step out, buy a beer or three, and get back in their cars. If I recall correctly, up until a few years ago the various flavors of law enforcement one would meet at a port-of-entry had nearly no authority to make a DWI stop. ---
**Author:** ![Coriolanus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/coriolanus/32/18769_2.png) [@Coriolanus](https://boards.straightdope.com/u/Coriolanus)\ **Post date:** [June 12, 2003, 10:06am UTC](https://boards.straightdope.com/t/montana-drunk-driving-wtf/181097/26 "2003-06-12T10:06:57Z")
Montana is one of the last ‘anything-goes-if-you-do-not-bother-your-neighbor’ states. Drinking while driving is of course frowned upon. Driving through certain states is a privelege and yes, indeedy, you did have a broken tail-light and fractured jaw before you entered my state, boy! ---
**Author:** ![spanna](https://avatars.discourse-cdn.com/v4/letter/s/a6a055/32.png) [@spanna](https://boards.straightdope.com/u/spanna)\ **Post date:** [June 12, 2003, 10:18am UTC](https://boards.straightdope.com/t/montana-drunk-driving-wtf/181097/27 "2003-06-12T10:18:20Z")
> [@](#): > > The distraction factor is no different from drinking a coffee or soda, and while any distraction is a potential problem, there’s really no way we’re going to enforceable laws prohibiting any eating or drinking while driving. In the UK eating and drinking whilst in control of a motor vehicle are both illegal. We have had cases hit the headlines of people stuck in traffic jams eating a chocolate bar being charged “because they weren’t in full control of the vehicle” don’t know the outcome of the cases but some cop has waaaayyyy too much time on his hands to be harassing people like this (If they were doing 70MPH and trying to pour coffee out of a flask I could understand it) ---
**Author:** ![jjimm](https://avatars.discourse-cdn.com/v4/letter/j/ba8739/32.png) [@jjimm](https://boards.straightdope.com/u/jjimm)\ **Post date:** [June 12, 2003, 10:32am UTC](https://boards.straightdope.com/t/montana-drunk-driving-wtf/181097/28 "2003-06-12T10:32:31Z")
> [@](#): > > \*Originally posted by spanna \* > \*\*In the UK eating and drinking whilst in control of a motor vehicle are both illegal. We have had cases hit the headlines of people stuck in traffic jams eating a chocolate bar being charged “because they weren’t in full control of the vehicle” don’t know the outcome of the cases but some cop has waaaayyyy too much time on his hands to be harassing people like this (If they were doing 70MPH and trying to pour coffee out of a flask I could understand it) \*\* This exact scenario happened to a friend-of-a-friend - he was eating a mars bar while stopped three cars back, at a red light, with his handbrake (parking brake) on. The police gave him a “producer” (instruction that he go to the police station with all his documentation). When he went to the cop shop, he told the duty officer just what he was nicked for. The duty officer scoffed and said “that’s ridiculous”. FoF included this comment in his official complaint, and the whole thing got thrown out of court. ---
**Author:** ![whistlepig](https://avatars.discourse-cdn.com/v4/letter/w/73ab20/32.png) [@whistlepig](https://boards.straightdope.com/u/whistlepig)\ **Post date:** [June 18, 2003, 9:43pm UTC](https://boards.straightdope.com/t/montana-drunk-driving-wtf/181097/29 "2003-06-18T21:43:55Z")
As someone who grew up in and has always lived in Montana, I’d like to add a couple of points: Most towns/cities in Montana have open container laws which will not allow you to have an open container of beer while driving (as well as outside a bar). It is legal in Montana to drive down any Interstate highway, 2 land highway or any road outside of city limits with an open container of alcohol. This is not a new issue in Montana. The previous legistlature voted down a similar law two years ago. The refusal to pass the law this time got more press because of the MADD and other articles, as well as the fact that Montana lost some federal money by not passing the statewide open container law. But here’s why it didn’t pass: 1. Montanans don’t like the feds telling them what to do. Remember, we are the state that, when forced to enact a 55 mph speed limit, made it a $5 fine for “waste of a conservation resource” and it was not considered a driving violation (no points off your drivers license). 2. There is a strong drinking tradition in Montana. Having a beer while driving (as opposed to driving drunk) is viewed as a right. 3. The statewide law would make it illegal to have an open on any road that is not privately owned. One of the legislators said that it was unfair to ticket someone who is drinking a beer on a dirt road 70 miles from the nearest bar and 40 miles from the nearest paved road. And yes, there are plenty of places in Montana where you can be 40 miles from the nearest paved road and see only 2-3 cars a day while fishing or hunting. 4. The fact that a passenger couldn’t have a beer is viewed as complete bullshit. If the driver is sober and the passenger is drinking a beer, why would that equal a ticket? Would it be appropriate to ticket the driver if the PASSENGER was talking on a cell phone? Whistlepig Who has absolutely no interest in defending the above. It’s just the facts. [Previous page](https://boards.straightdope.com/t/montana-drunk-driving-wtf/181097.md?page=1)