In most states, it’s illegal for a driver or passenger to have an open container of alcohol in a vehicle. However, there are a few states that either don’t have open container laws or have open containers laws that apply to drivers but not passengers. This article discusses some of the more common prohibitions, exceptions, and penalties of open container laws.
Open Container Restrictions
Each state drafts its own laws. So, open container laws vary by state. But there are some basic features that lots of open container laws share.
What’s prohibited. The laws of most states prohibit drivers and passengers from possessing an open container of alcohol inside a vehicle. Typically, an “open container” is defined as any alcoholic beverage that has been opened, has a broken seal, or has had some of the contents taken out. Normally, open container restrictions apply whether the car is parked somewhere in public or actually in motion on a roadway.
The exceptions. Generally, open container restrictions apply only to parts of a vehicle that are accessible to the driver or passengers. So, it’s typically not illegal to have an open container in the trunk of a vehicle. Also, many states have exceptions for open containers that are possessed by passengers in vehicles-for-hire such as limousines and party buses. Additionally, lots of states allow open containers in the living quarters of motorhomes.
Open Container Violations and Penalties
The consequences of being caught with an open container in a vehicle also vary by state. But generally, an open container violation is a traffic infraction or misdemeanor crime. And the penalties for a conviction usually aren’t all that severe (much less serious than the consequences a DUI conviction).
The most common penalty for an open container violation is a fine. Fine amounts vary, but typically don’t exceed a few hundred dollars or so. In many states, judges are allowed to give jail time for an open container conviction. However, judges don’t often do so. The same goes with license suspension—it’s possible, but uncommon.
Marijuana Open Container Laws
With the legalization of recreational and medical marijuana use in many states, some have had concerns about people smoking marijuana inside cars. In response to these concerns, the legislatures of many states have passed laws restricting open containers of marijuana in vehicles.
Marijuana open container restrictions are generally similar to their alcohol-open-container equivalents—they prohibit drivers and passengers from possessing open containers of marijuana inside vehicles. And marijuana open container penalties are typically the same or at least comparable to those imposed for alcohol-related offenses.