Montana DUI Guide

Passengers, Car Owners, and DUI: Who Can Be Charged or Sued?

Montana's DUI law targets the person driving or in control of the vehicle. Passengers and owners have other, narrower kinds of exposure.

Written by

Misty Gaubatz, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawReviewed by Ashley HurlbertLast reviewed: October 9, 2026

Key Takeaways: Passenger and Owner Liability

A Montana DUI requires that the person drives or is in actual physical control of the vehicle (MCA § 61-8-1002(1)). Riding along is not the offense.
Montana's DUI statutes contain no separate crime for an owner who lets an impaired person drive.
A passenger can be cited for an open container (maximum fine $100) and can be charged with knowingly helping someone get around an ignition interlock.
Montana's general accountability statute can make a person responsible for another's offense, but it requires a purpose to promote or facilitate that offense (MCA § 45-2-302).
An owner can be sued for negligent entrustment if the owner was negligent in handing the vehicle to the driver (Bahm v. Dormanen, 168 Mont. 408 (1975)).
Vehicle forfeiture after a repeat DUI reaches vehicles owned by the convicted person, and the court can protect an owner who is without fault.

In Montana, a passenger does not commit DUI by riding with an impaired driver, and an owner does not commit DUI by lending a car. The offense belongs to the person who drives or is in actual physical control. But passengers and owners are not free of legal risk: there are smaller offenses, a general accountability statute, and civil lawsuits. This page separates what is clear from what is not. It is part of our Montana DUI Guide.

The DUI Statute Is About the Person in Control

A person commits DUI "if the person drives or is in actual physical control of" a vehicle while under the influence or over a limit (MCA § 61-8-1002(1)). We reviewed the list of sections in the DUI part of the code, MCA §§ 61-8-1001 to 61-8-1033. None creates an offense of permitting an impaired person to drive, and none makes a passenger responsible for the driver's condition.

That does not make "I was the passenger" a simple defense. When officers arrive after a crash or find a parked car, who was driving is often the disputed fact. The State can prove it with witnesses, seat position, injuries, and statements. Our page on actual physical control explains how courts decide whether a person in a vehicle was in control of it.

When a Passenger Crosses the Line

In State v. Sommers, 2014 MT 315, the Montana Supreme Court offered a working definition: a person is in actual physical control when the person "is not a passenger, and is in a position to cause the vehicle to move, or control the vehicle's movement in some manner or direction." On that language, an impaired passenger who steers from the passenger seat, works the shifter, or slides behind the wheel of a running car is at risk of being treated as the person in control. We did not find a Montana Supreme Court decision on a wheel-grabbing passenger specifically, so take that as a reading of the definition and not as a settled rule.

Offenses a Passenger Can Commit

Open container. Knowingly possessing an open alcoholic beverage container in the passenger area of a motor vehicle on a highway is prohibited for any person, with exceptions such as paid transportation and the living quarters of a camper or motor home. The fine is capped at $100 (MCA § 61-8-1026). A similar statute covers marijuana in the passenger area (MCA § 61-8-1027). See checkpoints and open containers.
Helping with an ignition interlock. A person may not knowingly assist someone who is restricted to an interlock-equipped vehicle to start and operate that vehicle, and may not knowingly circumvent the device. The penalty is a fine of up to $500, up to 6 months in jail, or both (MCA § 61-8-1024). Blowing into a friend's interlock is a crime of its own. See ignition interlock in Montana.

A passenger is also a witness. What a passenger says at the roadside can become evidence against the driver or against the passenger. Our page on whether you have to answer questions covers what a person may decline.

Accountability: Responsible for Another's Offense

Montana's criminal code has a general rule for when one person answers for another's crime. A person is legally accountable when, "either before or during the commission of an offense with the purpose to promote or facilitate the commission, the person solicits, aids, abets, agrees, or attempts to aid the other person in the planning or commission of the offense" (MCA § 45-2-302(3)).

Two points keep this in proportion. First, the statute requires a purpose to promote or facilitate the offense. Carelessness, poor judgment, or simply being present is not that. Second, we did not find a published Montana Supreme Court opinion upholding a DUI conviction of an owner or passenger on an accountability theory. In an ordinary case it is a remote risk. It would be most likely to come up on aggravated facts, such as urging a visibly impaired person to drive before a serious crash. If an officer or prosecutor raises it with you, stop talking and call a lawyer.

Civil Exposure for the Owner: Negligent Entrustment

The larger risk for an owner is a lawsuit. In Bahm v. Dormanen, 168 Mont. 408 (1975), a wrongful death case that arose from a head-on collision south of Missoula, the Montana Supreme Court described the theory: "the owner or one in control of the vehicle and responsible for its use who is negligent in entrusting it to another can be held liable for such negligent entrustment."

The Court also drew a limit. Liability rests on control "which is greater than physical power to prevent," and a "superior if not exclusive legal right" to the vehicle is a precondition. The defendant in that case had borrowed the truck jointly with the driver and did not have that superior right, so he was not liable. In plain terms, the claim runs against the person with real authority over the vehicle, usually the owner, and it depends on what that person knew or should have known when handing it over.

Insurance follows the vehicle as well. An owner must continuously carry liability insurance on a vehicle that is operated "by the owner or with the owner's permission" (MCA § 61-6-301(1)(a)). A crash by a permitted driver can therefore become a claim on the owner's policy. A civil claim is a separate matter from the DUI case: if you have been served with one, tell your insurer and see a civil defense lawyer.

People Who Served the Alcohol

Montana limits the civil liability of bars, restaurants, and social hosts by statute. Furnishing alcohol is not grounds for liability unless the consumer was underage and the server knew or did not make a reasonable attempt to determine age, the consumer was visibly intoxicated when served, or the server forced or coerced consumption or said the drink contained no alcohol (MCA § 27-1-710(4)). A passenger over 18 who was in the drinker's car cannot bring that claim against the server (MCA § 27-1-710(7)(a)). Written notice must be given within 180 days of the sale or service, and suit must be filed within 2 years (MCA § 27-1-710(8)).

Will the Owner Lose the Vehicle?

On a second or later DUI conviction, one of the options the sentencing court has is to order that "each motor vehicle owned by the person at the time of the offense" be seized and forfeited (MCA § 61-8-1010(2)(c)). That language is about the convicted driver's own vehicles. The same subsection protects an owner whose vehicle was unlawfully in someone else's possession, and the forfeiture procedure allows a court to return a vehicle to an owner "found by the court to be without fault" (MCA § 61-8-1033(4)). Our page on vehicle seizure and forfeiture covers the process.

This page explains Montana law in general as of October 2026, based on the Montana Code Annotated and published Montana Supreme Court opinions. Where we say a point is unsettled or is our reading of the text, we mean it. It is not legal advice about your specific case.

Montana DUI Guide DUI Defense Drinking in a Parked RV or at a Campground Sleeping in Your Car: Actual Physical Control DUI on a Horse, Bike, ATV, or Boat DUI on Private Property and Parking Lots

FAQ

Passengers, Car Owners, and DUI: Who Can Be Charged or Sued? FAQ

Can a passenger get a DUI in Montana?

Not for being a passenger. The statute applies to a person who drives or is in actual physical control of a vehicle. The Montana Supreme Court's suggested definition in State v. Sommers, 2014 MT 315, describes a person in actual physical control as one who "is not a passenger" and is in a position to cause the vehicle to move or to control its movement. A passenger who takes hold of the wheel or the controls can cross that line.

Can I get in trouble for letting a drunk friend drive my car?

There is no section in Montana's DUI statutes that makes the owner guilty of DUI for lending the car. The risks are elsewhere: a civil claim for negligent entrustment if someone is hurt, an insurance claim against your policy, and, in an unusual case, a prosecutor's argument under the accountability statute that you aided the offense on purpose. Handing keys to someone you know is impaired is a serious mistake even where it is not a crime.

Can the police take my car if someone else gets a DUI in it?

The forfeiture provision for repeat DUI offenders applies to "each motor vehicle owned by the person at the time of the offense," meaning the convicted driver (MCA § 61-8-1010(2)(c)). The forfeiture procedure also lets a court return a vehicle to an owner found to be without fault (MCA § 61-8-1033(4)). Towing and impound at the time of arrest are a different matter; see getting your car out of impound.

Can a passenger be charged for an open container?

Yes. The open container law applies to any person who knowingly possesses an open alcoholic beverage container within the passenger area of a motor vehicle on a highway. The fine is not more than $100, the statute says it is not a criminal offense for the listed purposes, and it may not be recorded on a driving record (MCA § 61-8-1026).

If a bar or a host served the driver, can they be sued?

Only in limited situations. Under MCA § 27-1-710, furnishing alcohol is grounds for civil liability only if the consumer was underage and the server knew or failed to make a reasonable attempt to check, the consumer was visibly intoxicated when served, or the server forced or coerced the drinking or lied about the contents. The statute requires written notice within 180 days and suit within 2 years. Those are civil claims for an injury lawyer, not part of the DUI case.

Charged After Someone Else Was Driving?

Who was actually in control of the vehicle is often the central question. Call 406-830-3060 for a confidential consultation.

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