Open Container Laws and Tickets

Driving under the influence of drugs or alcohol is prohibited in every state. But most states also make it illegal for drivers and passengers to possess open containers of alcohol in a vehicle. And the open container laws of some states even apply to containers of marijuana.

What Is Considered an Open Container Violation?

In most states, a person commits an open container violation by possessing an open container of alcohol in the passenger area of a vehicle. (Many open container laws also prohibit drinking alcohol in a vehicle.)

Open Container Laws Apply to Drivers and Passengers

Generally, drivers and passengers are subject to open container restrictions. (See below.)

Open Containers are Illegal in Moving or Parked Vehicles

The vehicle doesn't have to be in motion for a person to be cited for an open container violation: Open Container laws generally apply to vehicles that are in motion or parked.

Marijuana Open Container Laws

In many states that have legalized marijuana for recreational or medical use, there are laws that prohibit possessing an open container of marijuana in a vehicle. Generally, these laws mirror their alcohol-open-container counterparts.

How Is "Open Container" Defined?

State laws vary somewhat. But the laws of most states define "open container" as any alcoholic beverage that has a broken seal, has been opened, or has had some of the contents removed. It's also common for state laws to exempt alcoholic beverages that contain a very small amount of alcohol such as non-alcoholic beer and kombucha.

Are Drivers or Passengers Responsible for an Open Container Violation?

The driver and passengers can get an open container violation. Open container laws prohibit possession of open containers in a vehicle. So it's technically the person—whether the driver or a passenger—with actual possession of the alcoholic beverage who's responsible.

But of course, if an officer finds an open container in a vehicle and no one owns up to it being theirs, it might be hard to determine who was actually in possession of the beverage. In such a case, the officer might look to circumstances like who was closest to the container and whether the container was within reach of one or more people. It might even be possible for more than one person to be cited for a single open container in a car.

There are also states that make the driver responsible for all open container violations within the vehicle.

Are Open Containers Allowed in any Part of a Vehicle?

Open container restrictions typically apply only to the passenger area of a vehicle. Basically, the passenger area of a vehicle includes all areas that might be occupied or within reach of the driver or a passenger. So, putting an open container in the trunk of a vehicle is usually a safe bet. And for cars without trunks, the laws of some states allow open containers behind the last row of seating.

Open Container Law Exceptions

Open container laws also normally have exceptions. For example, most states allow open containers in the living area of a motor home and in the passenger areas of vehicles-for-hire such as limousines and party buses.

Open Container Law and To-Go Alcohol Sales

In some states, bars and restaurants can sell cocktails and other alcoholic beverages to go if they're properly sealed. But these to-go alcohol sales generally are subject to open container laws. Also, some states allow people to leave a restaurant with a partially consumed wine bottle if the restaurant properly reseals the bottle.

How Serious Is an Open Container Conviction?

The penalties for open container violations vary by state. However, the consequences are generally far less serious than those for a DUI conviction. An open container violation is typically an infraction or misdemeanor.

How Much Is an Open Container Ticket?

Typically, an open container ticket carries only a small to moderate fine—normally about $100 or less. But the fines can be higher in other states.

Can You Go to Jail for Having an Open Container?

Jail time is a possibility in some states, but it's probably quite unlikely that an open container conviction would actually result in a person going to jail. However, if jail time is a possibility in your state, you should consider speaking with a lawyer.