Open Container Laws By State 2024 Guide

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.

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.

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.

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

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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.