Most people are aware that you can be arrested and charged with a crime if you drive drunk. But did you know that you could actually face penalties just for having an open container of alcohol in your car–even if you are not above the legal limit? That’s the case because of open container laws.

Open container laws prohibit drivers–and sometimes passengers–to have any type of open container containing alcoholic beverages inside of vehicles. While there are some differences in open container laws by state, the general rule is that having beer, wine, or other alcohol in the passenger area of a vehicle can have legal consequences.

This guide will explain how open container laws work, as well as exceptions to these rules.

What are Open Container Laws?

Open container laws prohibit the possession of open containers of alcohol within a vehicle. Typically, these laws apply to areas of the car that are readily accessible to vehicle occupants.

Open containers in the trunk, for example, would not run afoul of the rules — nor would an open container in the rear of an SUV that doesn’t have a separate trunk.

Marijuana Open Container Laws

In states that have legalized marijuana possession, open container laws may also apply to marijuana as well.

Typically, the regulations are similar for cannabis as for alcohol. This means a container of marijuana cannot be open and readily accessible to the driver of a vehicle. In states where marijuana remains illegal, however, possessing any type of cannabis products in the car could result in criminal possession charges.


What is the Definition of an Open Container?

Many different kinds of containers could potentially result in a violation of open container laws including:

  • Cans
  • Bottles
  • Flasks
  • All other containers holding alcohol
  • Containers containing marijuana in some states

States also broadly define what it means for a container to be “open.” In most cases, a container is opened if:

  • Some of the contents have been removed
  • The seal is broken
  • The cap is off the bottle
  • It otherwise makes alcohol readily accessible

If you have been accused of a violation of open container laws, an experienced criminal defense attorney can help you to determine if your conduct falls within the definition of this offense in your state.


How Do Open Container Laws Vary?

Open container laws are largely similar across the United States, but there is some variation on one specific issue.

Some states have a broad ban and prohibit any open containers in the area of the car where the driver and vehicle occupants are located. Others only prohibit the driver from having an open container of alcohol and passengers are allowed to possess one.

It’s important to know the specific open container rules where you live as well as in any location where you will be visiting.


Open Container Laws by State

The table below shows the open container laws by state.

State Implied Consent Law? Can Passengers Consume Alcohol? Penalty
Alabama
§32-5A-330
No
Fine
Alaska
§28.35.029
Yes
Fine
Arizona
§4-251
No
Fine and possible jail time
Arkansas
§5-71-212
No but passengers can possess open containers
Fine and possible jail time
California
§23220
No
Fine
Colorado
§42-4-1305
No
Fine
Connecticut
§53a-213
Yes
Fine and possible jail time
Delaware
Tit. 21, §4177J
Yes
Fine
District of Columbia
§25-1001
No
Fine and possible jail time
Florida
§316.1936
No
Fine
Georgia
§40-6-253:
No
Fine
Hawaii
§291-3.1;et seq:
No
Fine and possible jail time
Idaho
§23-505
No
Fine and possible jail time
Illinois
§5/11-502
No
License suspension
Indiana
§9-30-15-1et seq
No
Fine
Iowa
§321.284
No
Fine
Kansas
§8-1599
No
Fine and possible jail time
Kentucky
§189.530
No
Fine and possible jail time
Louisiana
§32:300
No
Fine
Maine
Tit. 29-A, §2112-A
No
Fine
Maryland
§10-123et seq
No
Fine
Massachusetts
Ch. 90, §24I
No
Fine
Michigan
§257.624a
No
Fine and possible jail time, license points
Minnesota
§169A.35 Subd. 2
No
Fine and possible jail time
Mississippi
None
Yes
N/A
Missouri
§577.017
Yes
Fine
Montana
§61-8-460et seq
No
Fine
Nebraska
§60-6,211.08
No
Fine
Nevada
§484B.150
No
Fine and possible jail time
New Hampshire
§265-A:44
No
Fine and license suspension
New Jersey
§39:4-51a
No
Fine and possible community service
New Mexico
§66-8-138:
No
Fine and possible jail time, license suspension
New York
Vehicle & Traffic Law §1227:.
No
Fine
North Carolina
§18B-401
No
Fine and possible jail time
North Dakota
§39-08-18
No
Fine
Ohio
§4301.62
No
Fine and possible jail time
Oklahoma
Tit. 21, §1220
No
Fine and possible jail time
Oregon
§811.170
No
Fine
Pennsylvania
Tit. 75, §3809
No
Fine and possible jail time
Rhode Island
§31-22-21.1
Yes
Fine and possible license suspension
South Carolina
§61-4-110
No
Fine and possible jail time
South Dakota
§35-1-9.1
No
Fine and possible jail time
Tennessee
§55-10-416
Yes
Fine
Texas
§49.031
No
Fine
Utah
§41-6a-526
No
Fine and possible jail time
Vermont
Tit. 23, §1134
No
Fine
Virginia
§4.1-309.1
Yes; however, open containers held by passengers can create a rebuttable presumption the driver was drinking
Fine and possible jail time
Washington
§46.61.519
No
Fine
West Virginia
§60-6-9
No, but passengers can possess an open container
Fine and possible jail time
Wisconsin
§346.935
No
Fine
Wyoming
§31-5-235:
No
Fine and possible jail time

Exceptions to Open Container Laws

While open container laws impose limits on alcoholic beverages in passenger areas of vehicles, there are some exceptions to this general rule. For example:

  • Passengers in the passenger area of limousines and party buses are generally allowed to possess open alcohol containers
  • Alcohol in open containers can typically be stored in the living quarters of motor homes

There may also be other exceptions that apply to your situation or other defenses you can raise if you are accused of violating an open container law. You should contact an experienced attorney who can assist you in understanding your rights — and who can explain the open container laws by state — if you have been accused of violating the rules.


Frequently Asked Question (FAQs)

Can passengers drink alcohol in a car?

In most states, passengers are not allowed to consume alcohol in a motor vehicle, or even to have an open container of alcohol in the car. Exceptions are typically made for limousines and party buses.

Is it illegal to walk around with an open bottle of alcohol?

Most U.S. states prohibit you from having an open bottle of alcohol in a public place, such as on the streets. Open container laws generally also prohibit drivers and passengers from possessing an open container of alcohol inside of a car.

What is the penalty for an open container in a vehicle?

Open container laws by state vary. In some states, having an open container of alcohol in a vehicle is an infraction or traffic offense and those accused of this offense could face fines. In others, possessing an open container is considered a misdemeanor and penalties could include jail time.