Open Container Laws by State: Driver and Passenger Checker

Open Container Laws by State

Use this open container laws by state checker to review the wording for your trip. Choose a state, driver or passenger, and vehicle type. For paid transportation, also choose limousine, bus or taxi so the result can match the exception shown in the source. Read the conditions before relying on a yes answer. The table presents excerpts for covered people, storage and vehicle exceptions, and penalties. A yes in the law column identifies a verified possession restriction; it does not mean every person or vehicle is covered. Not verified means the available official text did not establish that answer. This is educational information, not legal advice.

Data as of October 1, 2026. Read the quoted road, location and vehicle conditions. The checker concerns open alcohol containers in the passenger area.

State rules and statutory wording

Scroll sideways to read the table. Cells contain source excerpts. Penalty cross-references, missing exception details and unavailable possession answers are marked Not verified.

State	Open container law (yes/no)	Who it covers	Main exceptions	Penalty	Statute link
Alabama	Yes	a person	(c) This section shall not apply to: (1) A passenger of a motor vehicle designed, maintained, or primarily used for the transportation of persons for compensation and the driver holds a valid commercial driver's license. (2) A passenger of a bus for which the driver holds a valid commercial driver's license. (3) A passenger of a motorized or non-motorized self-contained camper, motor home, house coach, or house trailer. (4) A motor vehicle trunk, storage, or luggage compartment or a truck bed, storage, or cargo compartment. (5) A locked case placed in an area that is not readily accessible behind the front seat of a pickup truck which has no trunk or separate enclosed area other than the cab of the truck. (6) A driver who does not have knowledge of and cannot access alcoholic beverages in an open container in the passenger area of the vehicle. (7) A motor vehicle which is parked or idle and does not have the engine running. This does not apply to the right-of-way of a public highway.	(e) A person who violates the provisions of this section is guilty of a Class C misdemeanor and, upon conviction, shall be fined not more than twenty-five dollars ($25), and court costs shall not be assessed.	Source text
Alaska	Yes	A person may not drive a motor vehicle on a highway or vehicular way or area	(b) Except as provided in AS 28.33.130, a person may transport an open bottle, can, or other receptacle containing an alcoholic beverage (1) in the trunk of a motor vehicle; (2) on a motor driven cycle, or behind the last upright seat in a motor home, station wagon, hatchback, or similar trunkless vehicle, if the open bottle, can, or other receptacle is enclosed within another container; (3) behind a solid partition that separates the vehicle driver from the area normally occupied by passengers; or (4) if the open bottle, can, or other receptacle is in the possession of a passenger in a motor vehicle for which the owner receives direct monetary compensation and that has a capacity of 12 or more persons.	guilty of an infraction	Source text
Arizona	Yes	any person	C. This section does not apply to: 1. A passenger in any bus, limousine, taxi or transportation network company vehicle as defined in section 28-9551 while the vehicle is being used to provide transportation network services as defined in section 28-9551. 2. A passenger in the living quarters of a motor home as defined in section 28-4301. Passenger compartment does not include the trunk, a locked glove compartment or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.	guilty of a class 2 misdemeanor	Source text
Arkansas	Yes	Not verified	Not verified	Not verified	Source text
California	Yes	while you are driving or riding as a passenger in a vehicle	unless the container is kept in the trunk of the vehicle. (2) If the vehicle is not equipped with a trunk and is not an off-highway motor vehicle subject to identification, as defined in Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in some other area of the vehicle that is not normally occupied by the driver or passengers. For the purposes of this paragraph, a utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. 23229. (a) Except as provided in Section 23229.1, Section 23221, as it applies to an alcoholic beverage, and Section 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, the living quarters of a housecar or camper, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. (b) Except as provided in Section 23229.1, Section 23225 does not apply to the driver or owner of a bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. (Amended by Stats. 2019, Ch. 636, Sec. 8. (AB 1810) Effective January 1, 2020.)	Not verified	Source text
Colorado	Yes	a person while in the passenger area of a motor vehicle	(b) The provisions of this subsection (2) shall not apply to: (I) Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; (II) The possession by a passenger, other than the driver or a front seat passenger, of an open alcoholic beverage container in the living quarters of a house coach, house trailer, motor home, as defined in section 42-1-102 (57), or trailer coach, as defined in section 42-1-102 (106); (III) The possession of an open alcoholic beverage container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; or (IV) The possession of an open alcoholic beverage container in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.	(c) A person who violates the provisions of this subsection (2) commits a class A traffic infraction and shall be punished by a fine of fifty dollars and a surcharge of sixteen dollars as provided in section 42-4-1701 (4)(a)(I)(N).	Source text
Connecticut	Not verified	A person is guilty of drinking while operating a motor vehicle	Not verified	Drinking while operating a motor vehicle is a class C misdemeanor.	Source text
Delaware	Not verified	No person shall consume an alcoholic beverage while driving a motor vehicle upon the highways of this State.	Not verified	(b) Whoever violates this section shall be fined for the first offense not less than $25 nor more than $200. For each subsequent like offense occurring within 1 year of the previous offense, the person shall be fined not less than $50 nor more than $400.	Source text
District of Columbia	Yes	no person in the District	Not verified	shall be guilty of a misdemeanor	Source text
Florida	Yes	any person while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state	(3) An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle. (5) This section shall not apply to: (a) A passenger of a vehicle in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322; (b) A passenger of a bus in which the driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322; or (c) A passenger of a self-contained motor home which is in excess of 21 feet in length. (9) An alcoholic beverage that has been sealed by a licensee or the employee of a licensee and is transported pursuant to s. 564.09 , s. 561.20 (2)(a)4., or s. 565.045 (1) is not an open container under this section.	(6) Any operator of a vehicle who violates this section is guilty of a noncriminal moving traffic violation, punishable as provided in chapter 318. A passenger of a vehicle who violates this section is guilty of a nonmoving traffic violation, punishable as provided in chapter 318.	Source text
Georgia	Yes	any person	Subsection (a)(3) defines "passenger area" as the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position; provided, however, that such term does not include any locked glove compartment or, in a passenger car not equipped with a trunk, any area behind the rearmost upright seat or not normally occupied by the driver or passengers.	a fine not to exceed $200.00	Source text
Hawaii	Yes	while operating a motor vehicle or moped while a passenger in a motor vehicle or on a moped	unless such container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers. (c) Subsection (a) shall not apply to a recreational or other vehicle not having a separate trunk compartment. Sections 291-3.2 and 291-3.3 shall not apply to a motor vehicle for hire which has been issued a certificate of public convenience or necessity, 1-7 passenger classification by the public utilities commission so long as the motor vehicle has a barrier between the driver and the passengers sufficient to prevent intoxicating liquor from being passed between them and only the passengers behind the barrier consume the intoxicating liquor.	shall be fined not more than $2,000 or imprisoned not more than thirty days, or both. guilty of a petty misdemeanor	Source text
Idaho	Yes	No person in a motor vehicle	Provided however, that an unsealed alcoholic beverage container may be transported in an enclosed trunk compartment or behind the last upright seat of a vehicle which has no trunk compartment. unless such person is a passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarters of a recreational vehicle as that term is defined in section 49-119 , Idaho Code.	Violation of this section is a misdemeanor for the individual in actual physical control of the vehicle, as defined in section 18-8004 , Idaho Code, and an infraction for other individuals violating this section.	Source text
Illinois	Yes	no driver no passenger	(c) This Section shall not apply to the passengers in a limousine when it is being used for purposes for which a limousine is ordinarily used, the passengers on a chartered bus when it is being used for purposes for which chartered buses are ordinarily used or on a motor home or mini motor home as defined in Section 1-145.01 of this Code. However, the driver of any such vehicle is prohibited from consuming or having any alcoholic liquor in or about the driver's area. Any evidence of alcoholic consumption by the driver shall be prima facie evidence of such driver's failure to obey this Section. For the purposes of this Section, a limousine is a motor vehicle of the first division with the passenger compartment enclosed by a partition or dividing window used in the for-hire transportation of passengers and operated by an individual in possession of a valid Illinois driver's license of the appropriate classification pursuant to Section 6-104 of this Code.	Not verified	Source text
Indiana	Yes	A person in a motor vehicle	(a) This section does not apply to the following: (1) A container possessed by a person, other than the operator of the motor vehicle, who is in the: (A) passenger compartment of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or (B) living quarters of a house coach or house trailer. (2) A container located in a fixed center console or other similar fixed compartment that is locked. (3) A container located: (A) behind the last upright seat; or (B) in an area not normally occupied by a person; in a motor vehicle that is not equipped with a trunk.	commits a Class C infraction	Source text
Iowa	Yes	A person operating a motor vehicle upon a public street or highway A passenger in a motor vehicle upon a public street or highway	An open or unsealed receptacle containing an alcoholic beverage or an otherwise lawful beverage containing tetrahydrocannabinol may be transported in the trunk of the motor vehicle. An unsealed receptacle containing an alcoholic beverage or an otherwise lawful beverage containing tetrahydrocannabinol may be transported behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk. 2. This section does not apply to a passenger being transported in a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or a passenger being transported in the living quarters of a motor home, motorsports recreational vehicle, manufactured or mobile home, travel trailer, or fifth-wheel travel trailer.	guilty of a simple misdemeanor punishable as a scheduled violation	Source text
Kansas	Yes	No person shall transport in any vehicle upon a highway or street any alcoholic beverage	(2) (A) in the locked rear trunk or rear compartment, or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion; or (B) if a motor vehicle is not equipped with a trunk, behind the last upright seat or in an area not normally occupied by the driver or a passenger; or (3) in the exclusive possession of a passenger in a vehicle which is a recreational vehicle, as defined by K.S.A. 75-1212, and amendments thereto, or a bus, as defined by K.S.A. 8-1406, and amendments thereto, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible.	(c) Violation of this section is a misdemeanor punishable by a fine of not more than $200 or by imprisonment for not more than six months, or both.	Source text
Kentucky	Yes	A person is guilty of possession of an open alcoholic beverage container in a motor vehicle	However, nothing in this section shall prohibit the possession of an open alcoholic beverage container by an individual who is strictly a passenger and not the driver, in the passenger area of a motor vehicle maintained or used primarily for the transportation of persons for compensation, such as buses, taxis, and limousines, or in a recreational vehicle, motor home, or motor coach. Passenger area does not include possession of an open alcoholic beverage container in a locked glove compartment, or behind the last upright seat or in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.	Not verified	Source text
Louisiana	Yes	the operator of a motor vehicle or the passenger in or on a motor vehicle	It shall not mean a locked glove compartment or behind the last upright seat, or any area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk. F. The provisions of this Section shall not apply to the following persons or in the following areas: (1) Any person operating or occupying a motor vehicle who, as a condition of his employment and while acting in the course and scope of such employment, is required to carry open alcoholic beverage containers, provided that the operator or passenger does not consume the alcoholic beverages. (2) Any paid fare passenger on a common or contract carrier vehicle, as defined in R.S. 45:162. (3) Any paid fare passenger on a public carrier vehicle, as defined in R.S. 45:200.2. (4) Any passenger in a courtesy vehicle which is operated as a courtesy vehicle. (5) Any passenger of a self-contained motor home which is in excess of twenty-one feet in length. (6) Possession of an open container of alcoholic beverage in the trunk of a motor vehicle. (7) If the motor vehicle is not equipped with a trunk, possession of an open container or alcoholic beverages in any of the following areas: (a) In a locked glove or utility compartment. (b) In an area of the vehicle not normally occupied by, and not readily accessible, to the driver or passengers. (8) Passengers and krewe members riding on a parade float. (9) Any passenger in a privately owned limousine the driver of which possesses a Class D commercial driver's license.	D. (1) Whoever violates the provisions of this Section shall be fined not more than one hundred dollars. Court costs shall be assessed in addition to the fine authorized by this Subsection.	Source text
Maine	Yes	The operator of a vehicle on a public way is in violation of this section if the operator or a passenger in the passenger area of the vehicle:	3. Exceptions. An operator of a vehicle is not in violation of this section if: A. The operator or a passenger possesses an open alcoholic beverage container in a vehicle not equipped with a trunk if the open alcoholic beverage container is located behind the last upright seat of the vehicle or in an area not normally occupied by the operator or passenger; [PL 1999, c. 293, §3 (NEW).] B. A passenger transported for a fee consumes alcohol or possesses an open alcoholic beverage container in a vehicle designed for the for-hire transportation of passengers other than a taxicab; [PL 1999, c. 293, §3 (NEW).] C. A passenger possesses an open alcoholic beverage container or a passenger consumes alcohol in the living quarters of a motor home, trailer, semitrailer or truck camper; or [PL 1999, c. 293, §3 (NEW).] D. The operator or the operator's employer holds a valid off-premise catering license issued under Title 28-A, section 1052 and the alcohol is being transported either to or from a catered event. [PL 1999, c. 293, §3 (NEW).] [PL 1999, c. 293, §3 (NEW).]	Not verified	Source text
Maryland	Yes	an occupant of a motor vehicle	(c) Subsections (a)(1) and (b)(2) of this section do not apply to an occupant, who is not the driver, in: (1) a motor vehicle designed, maintained, and used primarily for the transportation of a person for compensation, including: (i) a bus; (ii) a taxicab; or (iii) a limousine; or (2) the living quarters of a motor home, motor coach, or recreational vehicle.	Not verified	Source text
Massachusetts	Yes	Whoever	provided, however, that the passenger area shall not include a motor vehicle's trunk or a locked glove compartment or, if a motor vehicle is not equipped with a trunk, the area behind the last upright seat or an area not normally occupied by the driver or passenger. (c) This section shall not apply to (1) the passengers of a motor vehicle designed, maintained and used for the transportation of persons for compensation, or (2) the living quarters of a house coach or house trailer.	a fine of not less than $100 nor more than $500	Source text
Michigan	Yes	a person who is an operator or occupant	(2) Except as otherwise provided in subsection (5), a person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in this state, if the vehicle does not have a trunk or compartment separate from the passenger area, and the container is in a locked glove compartment, behind the last upright seat, or in an area not normally occupied by the operator or a passenger. (4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.	guilty of a misdemeanor	Source text
Minnesota	Yes	a person	§ Subd. 6. Exceptions. (a) This section does not prohibit the possession or consumption of alcoholic beverages by passengers in: (1) a bus that is operated by a motor carrier of passengers, as defined in section 221.012, subdivision 26 ; (2) a vehicle that is operated for commercial purposes in a manner similar to a bicycle as defined in section 169.011, subdivision 4 , with five or more passengers who provide pedal power to the drive train of the vehicle; or (3) a vehicle providing limousine service as defined in section 221.84, subdivision 1 . (b) Subdivisions 3 and 4 do not apply to a bottle or receptacle that is in the trunk of the vehicle if it is equipped with a trunk, or that is in another area of the vehicle not normally occupied by the driver and passengers if the vehicle is not equipped with a trunk. However, a utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers.	guilty of a misdemeanor	Source text
Mississippi	Not verified	Not verified	Not verified	Not verified	Source text
Missouri	Not verified	A person commits the offense of consumption of an alcoholic beverage while driving	Not verified	is an infraction	Source text
Montana	Yes	a person commits the offense of unlawful possession	(2) This section does not apply to an open alcoholic beverage container: (a) in a locked glove compartment or storage compartment; (b) in a motor vehicle trunk or luggage compartment or rack, or in a truck bed or cargo compartment; (c) behind the last upright seat of a motor vehicle that is not equipped with a trunk; (d) in a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger; or (e) in the immediate possession of a passenger: (i) of a bus, taxi, or limousine that is used for the transportation of persons for compensation and that includes the provision of a hired driver; or (ii) in the living quarters of a camper, travel trailer, or motor home.	shall be fined an amount not to exceed $100	Source text
Nebraska	Yes	any person in the passenger area of a motor vehicle	Passenger area does not include the area behind the last upright seat of such motor vehicle if the area is not normally occupied by the driver or a passenger and the motor vehicle is not equipped with a trunk. (4) This section does not apply to persons who are passengers of, but not drivers of, a limousine or bus being used in a charter or special party service as defined by rules and regulations adopted and promulgated by the Public Service Commission and subject to Chapter 75, article 3. Such passengers may possess open alcoholic beverage containers and may consume alcoholic beverages while such limousine or bus is in a public parking area or on any highway in this state if (a) the driver of the limousine or bus is prohibited from consuming alcoholic liquor and (b) alcoholic liquor is not present in any area that is readily accessible to the driver while in the driver's seat, including any compartments in such area.	Not verified	Source text
Nevada	Yes	a person	This subsection does not apply to: (a) The passenger area of a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation; or (b) The living quarters of a house coach or house trailer, but does apply to the driver of such a motor vehicle who is in possession or control of an open container of an alcoholic beverage.	it is a misdemeanor	Source text
New Hampshire	Yes	no driver no passenger	Securely capped partially filled containers of liquor or beverages shall be stored and transported in the trunk of the motor vehicle or OHRV. If the motor vehicle or OHRV does not have a trunk, such containers shall be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver. V. This section shall not apply to persons transporting, carrying, possessing, or having any liquor, beverage, or marijuana in a chartered bus, in a taxi, or in a limousine for hire; provided, however, that the driver of any of said vehicles is prohibited from having any liquor, beverage, or marijuana in or about the driver's area. VI. For the purposes of this section only: (a) "Passenger area of any motor vehicle or OHRV" shall not include any section of a motor vehicle or OHRV which has been designed or modified for the overnight accommodation of persons or as living quarters.	IV. A person who violates this section shall be guilty of a violation and shall be subject to a fine of $150. In addition, a person who violates paragraph II or II-a of this section may have his or her drivers' license, if a resident, or driving privilege, if a nonresident, suspended 60 days for a first offense and up to one year for a second or subsequent offense.	Source text
New Jersey	Yes	Driving or riding with an open container	Not verified	1st $200 2nd $250 10 days	Source text
New Mexico	Not verified	Not verified	Not verified	Not verified	Source text
New York	Yes	Any operator or passenger	The provisions of this section shall not be deemed to prohibit the drinking of alcoholic beverages, the consumption of cannabis by means other than burning, or the possession of an open container containing an alcoholic beverage by passengers in passenger vehicles operated pursuant to a certificate or permit issued by the department of transportation or the United States department of transportation. Furthermore, the provisions of this section shall not be deemed to prohibit the possession of wine which is: (a) resealed in accordance with the provisions of subdivision four of section eighty-one of the alcoholic beverage control law; and (b) is transported in the vehicle's trunk or is transported behind the last upright seat or in an area not normally occupied by the driver or passenger in a motor vehicle that is not equipped with a trunk. 2. For the purposes of this section, a passenger vehicle shall mean a vehicle designed to carry ten or more passengers and used to carry passengers for profit or hire.	guilty of a traffic infraction	Source text
North Carolina	Yes	No person	(a2) Exception. - It shall not be a violation of subsection (a1) of this section for a passenger to possess an alcoholic beverage other than in the unopened manufacturer's original container, or for a passenger to consume an alcoholic beverage, if the container is: (1) In the passenger area of a motor vehicle that is designed, maintained, or used primarily for the transportation of persons for compensation; (2) In the living quarters of a motor home or house car as defined in G.S. 20-4.01(27)k.; or (3) In a house trailer as defined in G.S. 20-4.01(14). The area of the trunk or the area behind the last upright back seat of a station wagon, hatchback, or similar vehicle shall not be considered part of the passenger area.	Violation of subsection (a1) of this section shall be an infraction Violation of subsection (a) of this section shall be a Class 3 misdemeanor for the first offense and shall be a Class 2 misdemeanor for a second or subsequent offense.	Source text
North Dakota	Yes	A person may not have in that person's possession on that person's person	except when such bottle or receptacle is kept in the trunk of the motor vehicle when such vehicle is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. A utility compartment or glove compartment must be deemed to be within the area occupied by the driver and passengers. This subsection does not prohibit the consumption or possession of alcoholic beverages in a house car if the consumption or possession occurs in the area of the house car used as sleeping or living quarters and that area is separated from the driving compartment by a solid partition, door, curtain, or some similar means of separation; however, consumption is not authorized while the house car is in motion. 2. Subsection 1 does not apply to a public conveyance that has been commercially chartered for group use, any passenger for compensation in a for-hire motor vehicle, or a privately owned motor vehicle operated by a person in the course of that person's usual employment transporting passengers at the employer's direction. This subsection does not authorize possession or consumption of an alcoholic beverage by the operator of any motor vehicle described in this subsection while upon a public highway or in an area used principally for public parking.	must be assessed a fee of fifty dollars	Source text
Ohio	Yes	No person	(D) This section does not apply to a person who pays all or a portion of the fee imposed for the use of a chauffeured limousine pursuant to a prearranged contract, or the guest of the person, when all of the following apply: (1) The person or guest is a passenger in the limousine. (2) The person or guest is located in the limousine, but is not occupying a seat in the front compartment of the limousine where the operator of the limousine is located. (3) The limousine is located on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking. (E) An opened bottle of wine that was purchased from the holder of a permit that authorizes the sale of wine for consumption on the premises where sold is not an opened container for the purposes of this section if both of the following apply: (1) The opened bottle of wine is securely resealed by the permit holder or an employee of the permit holder before the bottle is removed from the premises. The bottle shall be secured in such a manner that it is visibly apparent if the bottle has been subsequently opened or tampered with. (2) The opened bottle of wine that is resealed in accordance with division (E)(1) of this section is stored in the trunk of a motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.	Not verified	Source text
Oklahoma	Yes	any operator to knowingly transport or for any passenger to possess	unless the opened container be in the rear trunk or rear compartment, which shall include the spare tire compartment in a station wagon or panel truck, or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion. C. The provisions of subsection A of this section shall not apply to the passenger area of buses and limousines; however, it shall be unlawful for the driver of the bus or limousine to consume or have in the driver's immediate possession any intoxicating beverage or low-point beer.	shall be deemed guilty of a misdemeanor	Source text
Oregon	Yes	A person commits the offense	(B) This paragraph does not apply if the bottle, can or other receptacle is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. (C) For purposes of this paragraph, a utility compartment or glove compartment is considered within the area occupied by the driver and passengers. (D) This paragraph does not apply to the living quarters of a camper or motor home. (2) The offense described in this section does not apply to passengers in a motor vehicle operated by a common carrier and used primarily to carry passengers for hire.	is a Class B traffic violation	Source text
Pennsylvania	Yes	an individual who is an operator or an occupant in a motor vehicle	(b) Exception.-- This section does not prohibit possession or consumption by any of the following: (1) A passenger in the passenger area of a motor vehicle designed, maintained or used primarily for the lawful transportation of persons for compensation. This paragraph includes buses, taxis and limousines. (2) An individual in the living quarters of a house coach or house trailer.	commits a summary offense	Source text
Rhode Island	Yes	No person shall operate a motor vehicle	(c) The operator of a rented limousine or bus shall not be subject to the provisions of this section provided neither the operator nor any passenger under the age of twenty-one (21) is in possession of any unsealed alcoholic beverage container.	(b) Any person found in violation of this section may be fined not more than two hundred dollars ($200) or have his or her driver's license suspended for up to six (6) months, or both, for the first violation, and for each subsequent violation may be fined not more than five hundred dollars ($500) or have his or her driver's license suspended for up to one year, or both.	Source text
South Carolina	Yes	a person	except in the trunk or luggage compartment, beer or wine in an open container in a motor vehicle of any kind while located upon the public highways or highway rights of way of this State. This section must not be construed to prohibit the transporting of beer or wine in a closed container, and this section does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties.	A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.	Source text
South Dakota	Yes	any person occupying a motor vehicle	the alcoholic beverage is so removed from the passenger area of the motor vehicle that no occupant of the motor vehicle has access to it.	It is a Class 2 misdemeanor	Source text
Tennessee	Yes	Drivers	Not verified	Not verified	Source text
Texas	Yes	A person commits an offense	The term does not include: (A) a glove compartment or similar storage container that is locked; (B) the trunk of a vehicle; or (C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk. (c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in: (1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or (2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.	is a Class C misdemeanor	Source text
Utah	Yes	A person may not keep, carry, possess, transport, or allow another to keep, carry, possess, or transport	(iii) "Passenger compartment" does not include a separate front or rear trunk compartment or other area of the vehicle not accessible to the operator or passengers while inside the vehicle. (4) Subsections (2) and (3) do not apply to a passenger: (a) in the living quarters of a motor home or camper; (b) who has carried an alcoholic beverage onto a limousine or chartered bus that is in compliance with Subsections 32B-4-415(4)(b) and (c); or (c) in a motorboat on the waters of the state. (5) Subsection (3) does not apply to passengers traveling in any licensed taxicab or bus.	is a class C misdemeanor	Source text
Vermont	Yes	A person operating a motor vehicle on a public highway a passenger in a motor vehicle	(2) "Passenger area" shall mean the area designed to seat the operator and passengers while the motor vehicle is in operation and any area that is readily accessible to the operator or passengers while in their seating positions, including the glove compartment, unless the glove compartment is locked. In a motor vehicle that is not equipped with a trunk, the term shall exclude the area behind the last upright seat or any area not normally occupied by the operator or passengers. (d) A person, other than the operator, may possess an open container that contains an alcoholic beverage in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or in the living quarters of a motor home or trailer coach.	shall be assessed a civil penalty of not more than $25.00.	Source text
Virginia	Not verified	any person to consume an alcoholic beverage while driving a motor vehicle	"Passenger area" does not include the trunk of any passenger vehicle, the area behind the last upright seat of a passenger van, station wagon, hatchback, sport utility vehicle, or any similar vehicle, the living quarters of a motor home, or the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxi, or limousine, while engaged in the transportation of such persons.	punishable as a Class 4 misdemeanor	Source text
Washington	Yes	a person	unless the container is kept in the trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle does not have a trunk. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. (4) This section does not apply to a public conveyance that has been commercially chartered for group use or to the living quarters of a motor home or camper or, except as otherwise provided by RCW 66.44.250 or local law, to any passenger for compensation in a for hire vehicle licensed under city, county, or state law, or to a privately owned vehicle operated by a person possessing a valid operator's license endorsed for the appropriate classification under chapter 46.25 RCW in the course of his or her usual employment transporting passengers at the employer's direction: PROVIDED, That nothing in this subsection shall be construed to authorize possession or consumption of an alcoholic beverage by the operator of any vehicle while upon a highway.	It is a traffic infraction	Source text
West Virginia	Yes	the operator or a passenger of a motor vehicle	(c) The provisions of this section are not applicable to a passenger: (1) In the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation including, but not limited to, a bus, taxicab or limousine; or (2) In the living quarters of a motorized or nonmotorized house coach, house trailer, motor home or self-contained camper.	(d) A person who violates the provisions of subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $100.	Source text
Wisconsin	Yes	No person may possess on his or her person	This subsection does not apply if the bottle or receptacle is kept in the trunk of the ve- hicle or, if the vehicle has no trunk, in some other area of the ve- hicle not normally occupied by the driver or passengers. A utility compartment or glove compartment is considered to be within the area normally occupied by the driver and passengers. (b) This section does not apply to passengers in a limousine or in a motor bus who possess any bottle or receptacle containing al- cohol beverages that has been opened, on which the seal has been broken or the contents of which have been partially removed or released if the vehicle is operated by a chauffeur holding a valid license and endorsements authorizing operation of the vehicle as provided in ch. 343 and is in compliance with any local ordinance or regulation adopted under s. 349.24.	Not verified	Source text
Wyoming	Yes	No person shall consume, transport or possess any alcoholic beverage in a motor vehicle	(ii) In the trunk or any other outside compartment of the vehicle that is not readily accessible to any person in the vehicle while the vehicle is in motion; (iii) In the unoccupied back of a pickup truck out of reach of the driver even though access is available through a window; (iv) In an unoccupied rear compartment of a vehicle not equipped with a trunk or other outside compartment and the rear compartment is not readily accessible to the driver and not normally occupied by passengers while the vehicle is in motion; or (v) Secured in a cabinet or compartment of a recreational vehicle, and the cabinet or compartment is not readily accessible to the driver while the recreational vehicle is in motion. The alcoholic beverage shall remain secured and shall not be accessed by the driver or any passenger at any time the vehicle is in motion. (d) This section shall not apply to any passenger in the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of passengers for compensation. The driver of any vehicle under this subsection is prohibited from consuming or having an alcoholic beverage within the driver's zone of control. (e) This section shall not apply within the boundaries of any incorporated municipality that has adopted an ordinance prohibiting transportation or possession of any open container of an alcoholic beverage in a vehicle on a public street or public highway.	(c) Any person violating the provisions of this section shall: (i) For a first conviction or a subsequent conviction not occurring within one (1) year after the first conviction, be punished by a fine of not more than two hundred dollars ($200.00); (ii) For a second conviction within one (1) year after the first conviction, be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than thirty (30) days, or both; (iii) For a third or subsequent conviction within one (1) year after the first conviction, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both.	Source text

Open container questions

Does a locked glove compartment count as the passenger area?

Arizona states: Passenger compartment does not include the trunk, a locked glove compartment or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. Source text

Can a passenger have an open container in a taxi?

Arizona states: C. This section does not apply to: 1. A passenger in any bus, limousine, taxi or transportation network company vehicle as defined in section 28-9551 while the vehicle is being used to provide transportation network services as defined in section 28-9551. 2. A passenger in the living quarters of a motor home as defined in section 28-4301. Source text

Does a motor home qualify for an exception?

Florida states: A passenger of a self-contained motor home which is in excess of 21 feet in length. Source text

What penalty can an open container carry?

Montana states: shall be fined an amount not to exceed $100. Source text

Is drinking while driving the same question as possessing a container?

Missouri states: 1. A person commits the offense of consumption of an alcoholic beverage while driving if he or she operates a moving motor vehicle upon any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality while consuming any alcoholic beverage. This quote establishes a driver consumption rule. Mere possession remains Not verified here. Source text

What does Not verified mean?

The official text available for this build did not establish the displayed rule, exception or penalty. Do not read an unverified cell as permission. Open the state source text and note the source edition or archive date before making a decision.

Sources and verification notes

The records below identify official legislature or state agency sources. Some blocked legislature pages were read through Wayback copies dated 2025 or later. Archive dates and older publication editions describe the evidence, not a guarantee of the current rule. Source URLs are shown as text; source links stay on this homepage. Excerpts use plain punctuation. No permission is inferred from silence, federal funding status or an unreadable page. Where PDF page breaks interrupt an exception, separate excerpts preserve its wording. Check the full statute and local rules before travel.

Alabama source text

Official source: https://alison.legislature.state.al.us/graphql?query=query+codeOfAlabamaSection%28%24displayId%3A+String%21%29+%7B+codesOfAlabama%28where%3A+%7B+type%3A+%7B+eq%3A+Section+%7D%2C+displayId%3A+%7B+eq%3A+%24displayId+%7D+%7D+versions%3A+true%29+%7B+data+%7B+codeId+displayId+title+content+history+effectiveDate+%7D+%7D+%7D&variables=%7B%22displayId%22%3A+%2232-5A-330%22%7DVerified copy: https://www.alabamaag.gov/wp-content/uploads/2024/11/AL_CRIM_-LAWS_2024_Edition.pdf

(b) It is unlawful for a person to have in his or her possession alcoholic beverages in an open container in the passenger area of a motor vehicle of any kind on a public highway or right-of-way of a public highway of this state. (c) This section shall not apply to: (1) A passenger of a motor vehicle designed, maintained, or primarily used for the transportation of persons for compensation and the driver holds a valid commercial driver's license. (2) A passenger of a bus for which the driver holds a valid commercial driver's license. (3) A passenger of a motorized or non-motorized self-contained camper, motor home, house coach, or house trailer. (4) A motor vehicle trunk, storage, or luggage compartment or a truck bed, storage, or cargo compartment. (5) A locked case placed in an area that is not readily accessible behind the front seat of a pickup truck which has no trunk or separate enclosed area other than the cab of the truck. (6) A driver who does not have knowledge of and cannot access alcoholic beverages in an open container in the passenger area of the vehicle. (7) A motor vehicle which is parked or idle and does not have the engine running. This does not apply to the right-of-way of a public highway. (d) This section shall not be construed to prohibit the transporting of alcoholic beverages in closed containers. (e) A person who violates the provisions of this section is guilty of a Class C misdemeanor and, upon conviction, shall be fined not more than twenty-five dollars ($25), and court costs shall not be assessed.

Alaska source text

Official source: https://www.akleg.gov/statutesPDF/Title-28.pdfVerified copy: https://www.akleg.gov/statutesPDF/Title-28.pdf

Sec. 28.35.029. Open container. (a) A person may not drive a motor vehicle on a highway or vehicular way or area, when there is an open bottle, can, or other receptacle containing an alcoholic beverage in the passenger compartment of the vehicle, except as provided in (b) of this section. (b) Except as provided in AS 28.33.130, a person may transport an open bottle, can, or other receptacle containing an alcoholic beverage (1) in the trunk of a motor vehicle; (2) on a motor driven cycle, or behind the last upright seat in a motor home, station wagon, hatchback, or similar trunkless vehicle, if the open bottle, can, or other receptacle is enclosed within another container; (3) behind a solid partition that separates the vehicle driver from the area normally occupied by passengers; or (4) if the open bottle, can, or other receptacle is in the possession of a passenger in a motor vehicle for which the owner receives direct monetary compensation and that has a capacity of 12 or more persons. (c) In this section (1) "alcoholic beverage" has the meaning given in AS 04.21.080(b); (2) [Repealed, § 29 ch 3 SLA 1992.] (3) "motor vehicle" means a vehicle for which a driver's license is required; (4) "open" includes having a broken seal; (5) "passenger compartment" means the area normally occupied by the driver and passengers and includes a utility or glove compartment accessible to the driver or a passenger while the motor vehicle is being operated. (d) A person who violates (a) of this section is guilty of an infraction.

The paid-passenger exception requires capacity of 12 or more persons. The motor home storage exception is not a general passenger drinking exception.

Arizona source text

Official source: https://www.azleg.gov/ars/4/00251.htmVerified copy: https://www.azleg.gov/ars/4/00251.htm

A. It is unlawful for any person to: 1. Consume spirituous liquor while operating or while within the passenger compartment of a motor vehicle that is located on any public highway or right-of-way of a public highway in this state. 2. Possess an open container of spirituous liquor within the passenger compartment of a motor vehicle that is located on any public highway or right-of-way of a public highway in this state. B. A person who violates subsection A of this section is guilty of a class 2 misdemeanor. C. This section does not apply to: 1. A passenger in any bus, limousine, taxi or transportation network company vehicle as defined in section 28-9551 while the vehicle is being used to provide transportation network services as defined in section 28-9551. 2. A passenger in the living quarters of a motor home as defined in section 28-4301. D. For the purposes of this section: 1. "Motor vehicle": (a) Means a self-propelled vehicle. (b) Does not include a vehicle operated exclusively on rails or water. 2. "Open container" means any bottle, can, jar, container dispensed pursuant to section 4-244, paragraph 32, subdivision (c) or other receptacle that contains spirituous liquor and that has been opened, has had its seal broken or the contents of which have been partially removed. 3. "Passenger compartment" means the area of a motor vehicle designed for the seating of the driver and other passengers of the vehicle. Passenger compartment includes an unlocked glove compartment and any unlocked portable devices within the immediate reach of the driver or any passengers. Passenger compartment does not include the trunk, a locked glove compartment or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.

Storage exclusions are displayed below with the full definition.

Arkansas source text

Official source: https://arkleg.state.ar.us/Home/FTPDocument?path=%2FAssembly%2F2017%2F2017R%2FDocuments%2F2017R+and+2017S1+Legislative+General+Summary.pdfVerified copy: https://arkleg.state.ar.us/Home/FTPDocument?path=%2FAssembly%2F2017%2F2017R%2FDocuments%2F2017R+and+2017S1+Legislative+General+Summary.pdf

ACT 849 (HB1922) creates the offense of possession of an open container of alcohol in a motor vehicle.

Legislative summary establishes that an offense was created, but its operative wording, exceptions, and penalty remain Not verified.

California source text

Official source: https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/alcohol-and-drugs/Verified copy: https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/alcohol-and-drugs/

Use or Possession of Alcohol or Cannabis Products in a Vehicle The law is very strict about carrying alcohol or cannabis products in your vehicle with you. It is illegal to drink any alcohol, to smoke or eat a cannabis product while you are driving or riding as a passenger in a vehicle. If you are carrying any alcohol or cannabis in your vehicle, the container must be sealed and unopened. If it is open, you must keep the container in the trunk or place where passengers do not sit. It is also illegal to keep an open container of alcohol in your glove box. This law does not apply if you are a passenger in a bus, taxi, camper, or motorhome.

Official source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?part=&chapter=12.&article=2.&lawCode=VEH&division=11.&title=Verified copy: https://web.archive.org/web/20260914215958id_/https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?part=&chapter=12.&article=2.&lawCode=VEH&division=11.&title=

23223. (a) A driver shall not have in the driver's possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed. (b) A passenger shall not have in the passenger's possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed. (Amended by Stats. 2019, Ch. 497, Sec. 275. (AB 991) Effective January 1, 2020.) 23224. (a) No person under 21 years of age shall knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and is driving the motor vehicle during regular hours and in the course of the person's employment. If the driver was unaccompanied, they shall have a complete defense if they were following, in a timely manner, the reasonable instructions of a parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage. (b) No passenger in any motor vehicle who is under 21 years of age shall knowingly possess or have under that person's control any alcoholic beverage, unless the passenger is accompanied by a parent, legal guardian, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and possession or control is during regular hours and in the course of the passenger's employment. If the passenger was unaccompanied, they shall have a complete defense if they were following, in a timely manner, the reasonable instructions of a parent, legal guardian, responsible adult relative or adult designee relating to disposition of the alcoholic beverage. (c) If the vehicle used in any violation of subdivision (a) or (b) is registered to an offender who is under 21 years of age, the vehicle may be impounded at the owner's expense for not less than one day nor more than 30 days for each violation. (d) Any person convicted for a violation of subdivision (a) or (b) is guilty of a misdemeanor and shall be punished upon conviction by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. (Amended by Stats. 2019, Ch. 505, Sec. 14. (SB 485) Effective January 1, 2020.) 23225. (a) (1) It is unlawful for the registered owner of any motor vehicle to keep in a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, unless the container is kept in the trunk of the vehicle. (2) If the vehicle is not equipped with a trunk and is not an off-highway motor vehicle subject to identification, as defined in Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in some other area of the vehicle that is not normally occupied by the driver or passengers. For the purposes of this paragraph, a utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. (3) If the vehicle is not equipped with a trunk and is an off-highway motor vehicle subject to identification, as defined in subdivision (a) of Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in a locked container. As used in this paragraph, "locked container" means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. (b) Subdivision (a) is also applicable to a driver of a motor vehicle if the registered owner is not present in the vehicle. (c) This section shall not apply to the living quarters of a housecar or camper. (Amended by Stats. 2019, Ch. 497, Sec. 276. (AB 991) Effective January 1, 2020.) 23226. (a) It is unlawful for any driver to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed. (b) It is unlawful for any passenger to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed. (c) This section does not apply to the living quarters of a housecar or camper. (Amended by Stats. 2019, Ch. 497, Sec. 277. (AB 991) Effective January 1, 2020.) 23229. (a) Except as provided in Section 23229.1, Section 23221, as it applies to an alcoholic beverage, and Section 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, the living quarters of a housecar or camper, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. (b) Except as provided in Section 23229.1, Section 23225 does not apply to the driver or owner of a bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. (Amended by Stats. 2019, Ch. 636, Sec. 8. (AB 1810) Effective January 1, 2020.)

Statutory exceptions are subject to Section 23229.1; the general open-container penalty amount is not independently verified.

Colorado source text

Official source: https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-42.pdfVerified copy: https://web.archive.org/web/20260917093620id_/https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-42.pdf

42-4-1305. Open alcoholic beverage container - motor vehicle - prohibited. (1) Definitions. As used in this section, unless the context otherwise requires: (a) "Alcoholic beverage" means a beverage as defined in 23 CFR 1270.3 (a). (b) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways but does not include a vehicle operated exclusively on a rail or rails. (c) "Open alcoholic beverage container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and: (I) That is open or has a broken seal; or (II) The contents of which are partially removed. (d) "Passenger area" means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position, including but not limited to the glove compartment. Colorado Revised Statutes 2024 Page 573 of 834 Uncertified Printout (2) (a) Except as otherwise permitted in paragraph (b) of this subsection (2), a person while in the passenger area of a motor vehicle that is on a public highway of this state or the right-of-way of a public highway of this state may not knowingly: (I) Drink an alcoholic beverage; or (II) Have in his or her possession an open alcoholic beverage container. (b) The provisions of this subsection (2) shall not apply to: (I) Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; (II) The possession by a passenger, other than the driver or a front seat passenger, of an open alcoholic beverage container in the living quarters of a house coach, house trailer, motor home, as defined in section 42-1-102 (57), or trailer coach, as defined in section 42-1-102 (106); (III) The possession of an open alcoholic beverage container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; or (IV) The possession of an open alcoholic beverage container in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk. (c) A person who violates the provisions of this subsection (2) commits a class A traffic infraction and shall be punished by a fine of fifty dollars and a surcharge of sixteen dollars as provided in section 42-4-1701 (4)(a)(I)(N). (3) Nothing in this section shall be construed to preempt or limit the authority of any statutory or home rule town, city, or city and county to adopt ordinances that are no less restrictive than the provisions of this section.

Archived official 2024 edition. Paid-passenger and motor home exceptions exclude a front seat passenger.

Connecticut source text

Official source: https://www.cga.ct.gov/current/pub/chap_952.htmVerified copy: https://web.archive.org/web/20260902231849id_/https://www.cga.ct.gov/current/pub/chap_952.htm

Sec. 53a-213. Drinking while operating a motor vehicle: Class C misdemeanor. (a) A person is guilty of drinking while operating a motor vehicle when such person drinks any alcoholic liquor while operating a motor vehicle upon a public highway of this state or upon any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more, or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or 14-307a or upon any school property. As used in this section, "alcoholic liquor" has the same meaning as provided in section 30-1 . (b) Drinking while operating a motor vehicle is a class C misdemeanor. (P.A. 79-368; P.A. 14-122, S. 192; P.A. 21-28, S. 12.) History: P.A. 14-122 made technical changes in Subsec. (a); P.A. 21-28 amended Subsec. (a) by adding reference to Sec. 14-307a and making a technical change. (Return to Chapter Table of Contents) (Return to List of Chapters) (Return to List of Titles) Sec. 53a-213a. Smoking, otherwise inhaling or ingesting cannabis while operating a motor vehicle: Class C misdemeanor. (a) A person is guilty of smoking, otherwise inhaling or ingesting cannabis, as defined in section 21a-420 , while operating a motor vehicle when he or she smokes, otherwise inhales or ingests cannabis, as defined in section 21a-420 , while operating a motor vehicle upon a public highway of this state or upon any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more, or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or upon any school property. No person shall be convicted of smoking or otherwise inhaling or ingesting cannabis while operating a motor vehicle and possessing or having under such person's control a controlled substance upon the same transaction. A person may be charged and prosecuted for either or each such offense, a violation of operating a motor vehicle while under the influence of any drug and any other applicable offense upon the same information. (b) Smoking, otherwise inhaling or ingesting cannabis while operating a motor vehicle is a class C misdemeanor. (c) No peace officer shall stop a motor vehicle for a violation of this section if such violation is the sole reason for such stop. (June Sp. Sess. P.A. 21-1, S. 112.) History: June Sp. Sess. P.A. 21-1 effective July 1, 2021. (Return to Chapter Table of Contents) (Return to List of Chapters) (Return to List of Titles) Sec. 53a-213b. Smoking, otherwise inhaling or ingesting cannabis as a passenger in a motor vehicle: Class D misdemeanor. (a) A person is guilty of smoking or otherwise inhaling or ingesting cannabis, as defined in section 21a-420 , in a motor vehicle when he or she smokes or otherwise inhales or ingests cannabis in a motor vehicle that is being operated by another person upon a public highway of this state or upon any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more, or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or upon any school property. No person shall be convicted of smoking or otherwise inhaling or ingesting cannabis as a passenger in a motor vehicle and possessing or having under such person's control a controlled substance upon the same transaction, but such person may be charged and prosecuted for both offenses upon the same information. (b) Smoking or otherwise inhaling or ingesting cannabis in a motor vehicle is a class D misdemeanor. (c) No peace officer shall stop a motor vehicle for a violation of this section if such violation is the sole reason for such stop. (June Sp. Sess. P.A. 21-1, S. 113.) History: June Sp. Sess. P.A. 21-1 effective July 1, 2021. (Return to Chapter Table of Contents) (Return to List of Chapters) (Return to List of Titles)

Driver drinking rule only. The quoted section does not establish permission for open-container possession or passengers.

Delaware source text

Official source: https://delcode.delaware.gov/title21/c041/sc09/index.htmlVerified copy: https://delcode.delaware.gov/title21/c041/sc09/index.html

§ 4177J. Drinking while driving prohibited. (a) No person shall consume an alcoholic beverage while driving a motor vehicle upon the highways of this State. "Consume," as used in this subsection, shall mean the ingestion of a substance containing alcohol while in the act of operating a motor vehicle in the presence of, or in the view of, a police officer. (b) Whoever violates this section shall be fined for the first offense not less than $25 nor more than $200. For each subsequent like offense occurring within 1 year of the previous offense, the person shall be fined not less than $50 nor more than $400. 66 Del. Laws, c. 366, § 1 ;

Driver consumption rule only. Mere possession and passenger permission not established.

District of Columbia source text

Official source: https://code.dccouncil.gov/us/dc/council/code/sections/25-1001Verified copy: https://code.dccouncil.gov/us/dc/council/code/sections/25-1001

(a) Except as provided in subsections (b) and (c) of this section, no person in the District shall drink an alcoholic beverage or possess in an open container an alcoholic beverage in or upon any of the following places: (1) A street, alley, park, sidewalk, or parking area; (2) A vehicle in or upon any street, alley, park, or parking area; (3) A premises not licensed under this title where food or nonalcoholic beverages are sold or entertainment is provided for compensation; (4) Any place to which the public is invited and for which a license to sell alcoholic beverages has not been issued under this title; (5) Any place to which the public is invited for which a license to sell alcoholic beverages has been issued under this title at a time when the sale of alcoholic beverages on the premises is prohibited by this title or by the regulations promulgated under this title; or (6) Any place licensed under a club license at a time when the consumption of the alcoholic beverages on the premises is prohibited by this title or by regulations promulgated under this title. (b) Subsection (a)(1) of this section shall not apply if drinking or possession of an alcoholic beverage occurs: (1) In or on a structure that projects upon the parking, and which is an integral, structural part of a private residence, such as a front porch, terrace, bay window, or vault, by, or with the permission of, the owner or resident; or (2) At an event licensed by the Board. (c) No person, whether in or on public or private property, shall be intoxicated and endanger the safety of himself, herself, or any other person or property. (d) Any person violating the provisions of subsection (a) or (c) of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than the amount set forth in [ § 22-3571.01 ], or imprisoned for not more than 60 days, or both.

Fine amount cross-reference not independently verified. No specialized vehicle exception is verified.

Florida source text

Official source: https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.1936.htmlVerified copy: https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.1936.html

(1) As used in this section, the term: (a) "Open container" means any container of alcoholic beverage which is immediately capable of being consumed from, or the seal of which has been broken. (b) "Road" means a way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith. (2)(a) It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state. (b) It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while seated in or on a motor vehicle that is parked or stopped within a road as defined in this section. Notwithstanding the prohibition contained in this section, passengers in vehicles designed, maintained, and used primarily for the transportation of persons for compensation and in motor homes are exempt. (3) An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle. (4) An open container shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger. (5) This section shall not apply to: (a) A passenger of a vehicle in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322; (b) A passenger of a bus in which the driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322; or (c) A passenger of a self-contained motor home which is in excess of 21 feet in length. (6) Any operator of a vehicle who violates this section is guilty of a noncriminal moving traffic violation, punishable as provided in chapter 318. A passenger of a vehicle who violates this section is guilty of a nonmoving traffic violation, punishable as provided in chapter 318. (7) A county or municipality may adopt an ordinance which imposes more stringent restrictions on the possession of alcoholic beverages in vehicles than those imposed by this section. (8) Nothing in this section prohibits the enforcement of s. 316.302 . (9) An alcoholic beverage that has been sealed by a licensee or the employee of a licensee and is transported pursuant to s. 564.09 , s. 561.20 (2)(a)4., or s. 565.045 (1) is not an open container under this section.

Paying passengers require the quoted driver-license and contract conditions; motor home must exceed 21 feet in length.

Georgia source text

Official source: https://law.georgia.gov/opinions/2008-7Verified copy: https://law.georgia.gov/opinions/2008-7

O.C.G.A. § 40‑6‑253 complies with the federal provisions by first providing in subsection (a)(1) an expansive definition of "alcoholic beverage" which includes beer, wine, and distilled spirits. Subsection (a)(2) defines an "open alcoholic beverage container" as a "bottle, can, or other receptacle" that contains any amount of alcohol and is open or has an open seal; or the contents of which have been partially removed. Subsection (a)(3) defines "passenger area" as the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position; provided, however, that such term does not include any locked glove compartment or, in a passenger car not equipped with a trunk, any area behind the rearmost upright seat or not normally occupied by the driver or passengers. O.C.G.A. § 40‑6‑253(b), with exceptions that are not pertinent to this discussion, prohibits any person from consuming an alcoholic beverage or possessing an open alcoholic beverage container in the "passenger area of a motor vehicle which is on the roadway or shoulder of a public highway." O.C.G.A. § 40‑6‑253(c) provides for a fine not to exceed $200.00 for a violation of the Code section.

Official 2008 attorney general opinion quotes the statute. Vehicle-category exceptions are not verified in this opinion.

Hawaii source text

Official source: https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0003_0001.htmVerified copy: https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0003_0001.htm

§291-3.1 Consuming or possessing intoxicating liquor while operating motor vehicle or moped. (a) No person shall consume any intoxicating liquor while operating a motor vehicle or moped upon any public street, road, or highway. (b) No person shall possess, while operating a motor vehicle or moped upon any public street, road, or highway, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed. (c) Any person violating this section shall be fined not more than $2,000 or imprisoned not more than thirty days, or both.

Official source: https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0003_0002.htmVerified copy: https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0003_0002.htm

§291-3.2 Consuming or possessing intoxicating liquor while a passenger in a motor vehicle. (a) No person shall consume any intoxicating liquor while a passenger in any motor vehicle or on any moped upon any public street, road, or highway. (b) No person shall possess, while a passenger in a motor vehicle or on a moped upon any public street, road, or highway, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed. (c) Any person violating this section shall be guilty of a petty misdemeanor.

Official source: https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0003_0003.htmVerified copy: https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0003_0003.htm

§291-3.3 Storage of opened container containing intoxicating liquor or consumption at scenic lookout. (a) No person shall keep in a motor vehicle, or on a moped when such vehicle or moped is upon any public street, road, or highway or at any scenic lookout, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed or fully removed, unless such container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers. (b) No person shall consume any intoxicating liquor at any scenic lookout. (c) Subsection (a) shall not apply to a recreational or other vehicle not having a separate trunk compartment. (d) Any person violating this section shall be guilty of a violation.

Official source: https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0003_0004.htmVerified copy: https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0003_0004.htm

Sections 291-3.2 and 291-3.3 shall not apply to a motor vehicle for hire which has been issued a certificate of public convenience or necessity, 1-7 passenger classification by the public utilities commission so long as the motor vehicle has a barrier between the driver and the passengers sufficient to prevent intoxicating liquor from being passed between them and only the passengers behind the barrier consume the intoxicating liquor.

Paying-passenger exception requires the quoted PUC certificate, passenger classification, and barrier. The storage exception for a trunkless recreational vehicle does not remove the separate passenger possession rule.

Idaho source text

Official source: https://legislature.idaho.gov/statutesrules/idstat/Title23/T23CH5/SECT23-505/Verified copy: https://web.archive.org/web/20260519154424id_/https://legislature.idaho.gov/statutesrules/idstat/Title23/T23CH5/SECT23-505/

23-505. Transportation of alcoholic beverages. (1) Alcoholic liquor lawfully purchased may be transported, but no person shall break open, or allow to be broken or opened any container of alcoholic liquor, or drink, or use, or allow to be drunk, or used any alcoholic liquor therein while the same is being transported. Provided however, that an unsealed alcoholic beverage container may be transported in an enclosed trunk compartment or behind the last upright seat of a vehicle which has no trunk compartment. (2) No person in a motor vehicle, while the vehicle is on a public highway or the right-of-way of a public highway may drink or possess any open beverage containing alcoholic liquor, as defined in section 23-105 , Idaho Code, beer as defined in section 23-1001 , Idaho Code, or wine as defined in section 23-1303 , Idaho Code, unless such person is a passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarters of a recreational vehicle as that term is defined in section 49-119 , Idaho Code. Violation of this section is a misdemeanor for the individual in actual physical control of the vehicle, as defined in section 18-8004 , Idaho Code, and an infraction for other individuals violating this section.

Illinois source text

Official source: https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-502Verified copy: https://web.archive.org/web/20250422221216id_/https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-502

Sec. 11-502. Transportation or possession of alcoholic liquor in a motor vehicle. (a) Except as provided in paragraph (c) and in Sections 6-6.5 and 6-33 of the Liquor Control Act of 1934, no driver may transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle upon a highway in this State except in the original container and with the seal unbroken. (b) Except as provided in paragraph (c) and in Sections 6-6.5 and 6-33 of the Liquor Control Act of 1934, no passenger may carry, possess or have any alcoholic liquor within any passenger area of any motor vehicle upon a highway in this State except in the original container and with the seal unbroken. (c) This Section shall not apply to the passengers in a limousine when it is being used for purposes for which a limousine is ordinarily used, the passengers on a chartered bus when it is being used for purposes for which chartered buses are ordinarily used or on a motor home or mini motor home as defined in Section 1-145.01 of this Code. However, the driver of any such vehicle is prohibited from consuming or having any alcoholic liquor in or about the driver's area. Any evidence of alcoholic consumption by the driver shall be prima facie evidence of such driver's failure to obey this Section. For the purposes of this Section, a limousine is a motor vehicle of the first division with the passenger compartment enclosed by a partition or dividing window used in the for-hire transportation of passengers and operated by an individual in possession of a valid Illinois driver's license of the appropriate classification pursuant to Section 6-104 of this Code. (d) (Blank). (e) Any driver who is convicted of violating subsection (a) of this Section for a second or subsequent time within one year of a similar conviction shall be subject to suspension of driving privileges as provided, in paragraph 23 of subsection (a) of Section 6-206 of this Code. (f) Any driver, who is less than 21 years of age at the date of the offense and who is convicted of violating subsection (a) of this Section or a similar provision of a local ordinance, shall be subject to the loss of driving privileges as provided in paragraph 13 of subsection (a) of Section 6-205 of this Code and paragraph 33 of subsection (a) of Section 6-206 of this Code.

Indiana source text

Official source: https://www.in.gov/ipac/files/Title-9-2021.pdfVerified copy: https://www.in.gov/ipac/files/Title-9-2021.pdf

IC 9-30-15-3 Open alcoholic beverage container during operation of motor vehicle; Class C infraction Sec. 3. (a) This section does not apply to the following: (1) A container possessed by a person, other than the operator of the motor vehicle, who is in the: (A) passenger compartment of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or (B) living quarters of a house coach or house trailer. (2) A container located in a fixed center console or other similar fixed compartment that is locked. (3) A container located: (A) behind the last upright seat; or (B) in an area not normally occupied by a person; in a motor vehicle that is not equipped with a trunk. (b) A person in a motor vehicle who, while the motor vehicle is in operation or while the motor vehicle is located on the right-of-way of a public highway, possesses a container: (1) that has been opened; (2) that has a broken seal; or (3) from which some of the contents have been removed; in the passenger compartment of the motor vehicle commits a Class C infraction. (c) A violation of this section is not considered a moving traffic violation: (1) for purposes of IC 9-14-12-3; and (2) for which points are assessed by the bureau under the point system. As added by P.L.53-1994, SEC.11. Amended by P.L.33-1997, SEC.15; P.L.1-2000, SEC.14; P.L.209-2005, SEC.1; P.L.290-2013, SEC.1; P.L.198-2016, SEC.605.

Official Indiana prosecutor council publication of Indiana Code 2021. Current legislature site did not expose text; source edition is disclosed.

Iowa source text

Official source: https://www.legis.iowa.gov/docs/code/321.284.pdfVerified copy: https://www.legis.iowa.gov/docs/code/321.284.pdf

A person operating a motor vehicle upon a public street or highway shall not possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other receptacle containing an alcoholic beverage or a beverage containing any amount of tetrahydrocannabinol. "Passenger area" means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment. An open or unsealed receptacle containing an alcoholic beverage or an otherwise lawful beverage containing tetrahydrocannabinol may be transported in the trunk of the motor vehicle. An unsealed receptacle containing an alcoholic beverage or an otherwise lawful beverage containing tetrahydrocannabinol may be transported behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk. A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph "e".

Official source: https://www.legis.iowa.gov/docs/code/321.284A.pdfVerified copy: https://www.legis.iowa.gov/docs/code/321.284A.pdf

A passenger in a motor vehicle upon a public street or highway shall not possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other receptacle containing an alcoholic beverage or a beverage containing any amount of tetrahydrocannabinol. "Passenger area" means the area of a motor vehicle designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment. An open or unsealed receptacle containing an alcoholic beverage or an otherwise lawful beverage containing tetrahydrocannabinol may be transported in the trunk of the motor vehicle. An unsealed receptacle containing an alcoholic beverage or an otherwise lawful beverage containing tetrahydrocannabinol may be transported behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk. 2. This section does not apply to a passenger being transported in a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or a passenger being transported in the living quarters of a motor home, motorsports recreational vehicle, manufactured or mobile home, travel trailer, or fifth-wheel travel trailer. 3. A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph "e".

Kansas source text

Official source: https://www.kslegislature.gov/li/b2025_26/statute/008_000_0000_chapter/008_015_0000_article/008_015_0099_section/008_015_0099_k/Verified copy: https://www.kslegislature.gov/li/b2025_26/statute/008_000_0000_chapter/008_015_0000_article/008_015_0099_section/008_015_0099_k/

8-1599. Transportation of liquor in opened containers unlawful; exceptions; penalty; report of prior convictions; city or county not prohibited from enacting comparable ordinance or resolution, requirements. (a) As used in this section, "alcoholic beverage" means any alcoholic liquor, as defined by K.S.A. 41-102, and amendments thereto, or any cereal malt beverage, as defined by K.S.A. 41-2701, and amendments thereto. (b) No person shall transport in any vehicle upon a highway or street any alcoholic beverage unless such beverage is: (1) In the original unopened package or container, the seal of which has not been broken and from which the original cap, cork or other means of closure has not been removed; (2) (A) in the locked rear trunk or rear compartment, or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion; or (B) if a motor vehicle is not equipped with a trunk, behind the last upright seat or in an area not normally occupied by the driver or a passenger; or (3) in the exclusive possession of a passenger in a vehicle which is a recreational vehicle, as defined by K.S.A. 75-1212, and amendments thereto, or a bus, as defined by K.S.A. 8-1406, and amendments thereto, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible. (c) Violation of this section is a misdemeanor punishable by a fine of not more than $200 or by imprisonment for not more than six months, or both.

Kentucky source text

Official source: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=6410Verified copy: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=6410

(2) A person is guilty of possession of an open alcoholic beverage container in a motor vehicle, when he or she has in his or her possession an open alcoholic beverage container in the passenger area of a motor vehicle located on a public highway or on the right-of-way of a public highway. However, nothing in this section shall prohibit the possession of an open alcoholic beverage container by an individual who is strictly a passenger and not the driver, in the passenger area of a motor vehicle maintained or used primarily for the transportation of persons for compensation, such as buses, taxis, and limousines, or in a recreational vehicle, motor home, or motor coach. (3) For purposes of this section, "alcoholic beverage" means: (a) Beer, ale, porter, stout, and other similar fermented beverages including sake or similar products of any name or description containing one-half of one percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (b) Wine of not less than one-half of one percent (0.5%) of alcohol by volume; or (c) Distilled spirits which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form including all dilutions and mixtures thereof from whatever source or by whatever process produced. (4) For the purposes of this section, "open alcoholic beverage container" means any bottle, can, or other receptacle that contains any amount of alcoholic beverage, and: (a) Is open or has a broken seal; or (b) The contents of which are partially removed. (5) For the purposes of this section, "passenger area" means the area designed to seat the driver and the passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment. Passenger area does not include possession of an open alcoholic beverage container in a locked glove compartment, or behind the last upright seat or in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.

Louisiana source text

Official source: https://legis.la.gov/legis/Law.aspx?d=410591Verified copy: https://legis.la.gov/legis/Law.aspx?d=410591

A. It shall be unlawful for the operator of a motor vehicle or the passenger in or on a motor vehicle, while the motor vehicle is operated on a public highway or right-of-way, to possess an open alcoholic beverage container, or to consume an alcoholic beverage, in the passenger area of a motor vehicle. B. For purposes of this Section, the following words have the following meanings ascribed to them: (1) "Alcoholic beverage" means any of the following: (a) Beer, ale, porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor. (b) Wine of not less than one-half of one percent of alcohol by volume. (c) Distilled spirits which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced. (2) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails. (3)(a) "Open alcoholic beverage container" means any bottle, can, or other receptacle that contains any amount of alcoholic beverage and to which any of the following is applicable: (i) It is open or has a broken seal. (ii) Its contents have been partially removed. (b) "Open alcoholic beverage container" shall not mean any bottle, can, or other receptacle that contains a frozen alcoholic beverage unless the lid is removed, a straw protrudes therefrom, or the contents of the receptacle have been partially removed. (4) "Passenger area" means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment. It shall not mean a locked glove compartment or behind the last upright seat, or any area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk. (5) "Public highway or right-of-way" means the entire width between and immediately adjacent to the boundary lines of publicly maintained highways or roads when any part thereof is open to the use of the public. C. Notwithstanding R.S. 32:391 and 411, whoever violates the provisions of this Section shall not be taken into custody by the arresting officer, but instead shall be required either to deposit his driver's license with the arresting officer or give his written promise to appear. Furthermore, a violation of the provisions of this Section shall not be included in the records kept by the commissioner required in R.S. 32:393.1. D. (1) Whoever violates the provisions of this Section shall be fined not more than one hundred dollars. Court costs shall be assessed in addition to the fine authorized by this Subsection. (2) For purposes of enforcement, the observance of a glass, cup, or other container that, on its face, does not indicate that the container contains an alcoholic beverage, shall not, absent other circumstances, constitute probable cause for a law enforcement officer to stop and question a person. E. This Section shall preempt the authority of a municipal or parish governing authority to enact any code or ordinance regulating the possession of alcoholic beverages in motor vehicles. However, the local governing authority of a local governmental subdivision with a population of over fifty thousand as of the most recent federal decennial census may enact a code or ordinance that does not conflict with the substantive provisions of this Section, and such local code or ordinance may provide for the imposition and collection of fines and court costs for violations thereof for amounts in excess of the amounts provided in this Section. The preemption contained in this Subsection is solely for the purpose of providing for a uniform open container prohibition in motor vehicles throughout the state, and nothing in this Section shall be construed to further preempt the authority of a local government to provide for any other type of alcohol beverage regulation within its jurisdiction. F. The provisions of this Section shall not apply to the following persons or in the following areas: (1) Any person operating or occupying a motor vehicle who, as a condition of his employment and while acting in the course and scope of such employment, is required to carry open alcoholic beverage containers, provided that the operator or passenger does not consume the alcoholic beverages. (2) Any paid fare passenger on a common or contract carrier vehicle, as defined in R.S. 45:162. (3) Any paid fare passenger on a public carrier vehicle, as defined in R.S. 45:200.2. (4) Any passenger in a courtesy vehicle which is operated as a courtesy vehicle. (5) Any passenger of a self-contained motor home which is in excess of twenty-one feet in length. (6) Possession of an open container of alcoholic beverage in the trunk of a motor vehicle. (7) If the motor vehicle is not equipped with a trunk, possession of an open container or alcoholic beverages in any of the following areas: (a) In a locked glove or utility compartment. (b) In an area of the vehicle not normally occupied by, and not readily accessible, to the driver or passengers. (8) Passengers and krewe members riding on a parade float. (9) Any passenger in a privately owned limousine the driver of which possesses a Class D commercial driver's license.

Motor home passenger exception requires a self-contained vehicle in excess of twenty-one feet in length.

Maine source text

Official source: https://legislature.maine.gov/statutes/29-A/title29-Asec2112-A.htmlVerified copy: https://legislature.maine.gov/statutes/29-A/title29-Asec2112-A.html

2. Violation. The operator of a vehicle on a public way is in violation of this section if the operator or a passenger in the passenger area of the vehicle: A. Consumes alcohol; or [PL 1999, c. 293, §3 (NEW).] B. Possesses an open alcoholic beverage container. [PL 1999, c. 293, §3 (NEW).] [PL 1999, c. 293, §3 (NEW).] 3. Exceptions. An operator of a vehicle is not in violation of this section if: A. The operator or a passenger possesses an open alcoholic beverage container in a vehicle not equipped with a trunk if the open alcoholic beverage container is located behind the last upright seat of the vehicle or in an area not normally occupied by the operator or passenger; [PL 1999, c. 293, §3 (NEW).] B. A passenger transported for a fee consumes alcohol or possesses an open alcoholic beverage container in a vehicle designed for the for-hire transportation of passengers other than a taxicab; [PL 1999, c. 293, §3 (NEW).] C. A passenger possesses an open alcoholic beverage container or a passenger consumes alcohol in the living quarters of a motor home, trailer, semitrailer or truck camper; or [PL 1999, c. 293, §3 (NEW).] D. The operator or the operator's employer holds a valid off-premise catering license issued under Title 28-A, section 1052 and the alcohol is being transported either to or from a catered event. [PL 1999, c. 293, §3 (NEW).] [PL 1999, c. 293, §3 (NEW).]

Maryland source text

Official source: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=10-125&enactments=falseVerified copy: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=10-125&enactments=false

§10-125. (a) (1) Except as otherwise provided in subsection (c) of this section, an occupant of a motor vehicle may not possess an open container that contains any amount of an alcoholic beverage in a passenger area of a motor vehicle on a highway. (2) A driver of a motor vehicle may not be subject to prosecution for a violation of this subsection based solely on possession of an open container that contains any amount of an alcoholic beverage by another occupant of the motor vehicle. (b) (1) This subsection does not apply to the driver of a motor vehicle. (2) Except as otherwise provided in subsection (c) of this section, an occupant of a motor vehicle may not consume an alcoholic beverage in a passenger area of a motor vehicle on a highway. (3) An occupant of a motor vehicle may not smoke cannabis in a passenger area of a motor vehicle on a highway. (c) Subsections (a)(1) and (b)(2) of this section do not apply to an occupant, who is not the driver, in: (1) a motor vehicle designed, maintained, and used primarily for the transportation of a person for compensation, including: (i) a bus; (ii) a taxicab; or (iii) a limousine; or (2) the living quarters of a motor home, motor coach, or recreational vehicle. (d) Notwithstanding § 6-320, § 6-321, or § 6-322 of the Alcoholic Beverages and Cannabis Article, or any other provision of law, the prohibitions contained in this section apply throughout the State. (e) A violation of this section is not: (1) a moving violation for the purposes of § 16-402 of the Transportation Article; or (2) a traffic violation for the purposes of the Maryland Vehicle Law.

The source does not state a fine amount. Nonmoving status is not treated as a penalty amount.

Massachusetts source text

Official source: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section24IVerified copy: https://web.archive.org/web/20260515140825id_/https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section24I

Section 24I. (a) As used in this section, the following words shall have the following meanings: ''Open container,'' a bottle, can or other receptacle used to contain a liquid that has been opened or has a broken seal or the contents of which have been partially removed or consumed; provided, however, that a bottle resealed pursuant to section 12 of chapter 138 shall not be considered an open container; provided further, that a resealed bottle shall not be transported in the passenger area. ''Passenger area,'' the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in a seated position including, but not limited to, the glove compartment; provided, however, that the passenger area shall not include a motor vehicle's trunk or a locked glove compartment or, if a motor vehicle is not equipped with a trunk, the area behind the last upright seat or an area not normally occupied by the driver or passenger. (b) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, possesses an open container of alcoholic beverage in the passenger area of any motor vehicle shall be punished by a fine of not less than $100 nor more than $500. (c) This section shall not apply to (1) the passengers of a motor vehicle designed, maintained and used for the transportation of persons for compensation, or (2) the living quarters of a house coach or house trailer. (d) Notwithstanding this section, the driver of any motor vehicle, including but not limited to a house coach or house trailer, shall not possess an open container of alcoholic beverage.

Michigan source text

Official source: https://legislature.mi.gov/Laws/MCL?objectName=MCL-257-624AVerified copy: https://web.archive.org/web/20260122000022id_/https://legislature.mi.gov/Laws/MCL?objectName=MCL-257-624A

Sec. 624a. (1) Except as provided in subsections (2) and (5), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway, or within the passenger area of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state. (2) Except as otherwise provided in subsection (5), a person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in this state, if the vehicle does not have a trunk or compartment separate from the passenger area, and the container is in a locked glove compartment, behind the last upright seat, or in an area not normally occupied by the operator or a passenger. (3) A person who violates this section is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703. A court shall not accept a plea of guilty or nolo contendere for a violation of this section from a person charged solely with a violation of section 625(6). (4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department. (5) Except as otherwise provided in this subsection, unless prohibited by local ordinance, subsections (1) and (2) do not apply to a passenger in a commercial quadricycle. A passenger in a commercial quadricycle shall not transport or possess alcoholic liquor other than beer, wine, spirits, or a mixed spirits drink. (6) As used in this section: (a) "Glove compartment" means a recess with a hinged and locking door in the dashboard of a motor vehicle. (b) "Passenger area" means the area designed to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment.

Minnesota source text

Official source: https://www.revisor.mn.gov/statutes/cite/169A.35Verified copy: https://www.revisor.mn.gov/statutes/cite/169A.35

169A.35 OPEN BOTTLE LAW. § Subdivision 1. Definitions. As used in this section: (1) "alcoholic beverage" has the meaning given it in section 340A.101, subdivision 2 ; (2) "distilled spirits" has the meaning given it in section 340A.101, subdivision 9 ; (3) "motor vehicle" does not include motorboats in operation, or off-road recreational vehicles except when being operated on a roadway or shoulder of a roadway that is not part of a grant-in-aid trail or trail designated for that vehicle by the commissioner of natural resources; (4) "possession" means either that the person had actual possession of the bottle or receptacle or that the person consciously exercised dominion and control over the bottle or receptacle; and (5) "3.2 percent malt liquor" has the meaning given it in section 340A.101, subdivision 19 . § Subd. 1a. Alcoholic beverage, distilled spirit, 3.2 malt liquor; determination. For purposes of this section only, when determining whether a beverage is an alcoholic beverage, a distilled spirit, or 3.2 percent malt liquor: (1) "alcohol by volume" means milliliters of alcohol per 100 milliliters of beverage; and (2) "alcohol by weight" means grams of alcohol per 100 grams of beverage. § Subd. 2. Drinking and consumption; crime described. It is a crime for a person to drink or consume an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor in a motor vehicle when the vehicle is upon a street or highway. § Subd. 3. Possession; crime described. It is a crime for a person to have in possession, while in a private motor vehicle upon a street or highway, any bottle or receptacle containing an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor that has been opened, or the seal broken, or the contents of which have been partially removed. § Subd. 4. Liability of nonpresent owner; crime described. It is a crime for the owner of any private motor vehicle or the driver, if the owner is not present in the motor vehicle, to keep or allow to be kept in a motor vehicle when the vehicle is upon a street or highway any bottle or receptacle containing an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor that has been opened, or the seal broken, or the contents of which have been partially removed. § Subd. 5. Criminal penalty. A person who violates subdivisions 2 to 4 is guilty of a misdemeanor. § Subd. 6. Exceptions. (a) This section does not prohibit the possession or consumption of alcoholic beverages by passengers in: (1) a bus that is operated by a motor carrier of passengers, as defined in section 221.012, subdivision 26 ; (2) a vehicle that is operated for commercial purposes in a manner similar to a bicycle as defined in section 169.011, subdivision 4 , with five or more passengers who provide pedal power to the drive train of the vehicle; or (3) a vehicle providing limousine service as defined in section 221.84, subdivision 1 . (b) Subdivisions 3 and 4 do not apply to a bottle or receptacle that is in the trunk of the vehicle if it is equipped with a trunk, or that is in another area of the vehicle not normally occupied by the driver and passengers if the vehicle is not equipped with a trunk. However, a utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers.

Mississippi source text

Official source: https://www.driverservicebureau.dps.ms.gov/sites/default/files/2025-02/1.15.2025%20Revised%20MDPS%20Driver%27s%20Manual.pdfVerified copy: https://www.driverservicebureau.dps.ms.gov/sites/default/files/2025-02/1.15.2025%20Revised%20MDPS%20Driver%27s%20Manual.pdf

STATE OF MISSISSIPPI

Official driver handbook was readable, but no explicit statewide open-container possession rule or permission was found. Absence cannot establish a no-law answer.

Missouri source text

Official source: https://revisor.mo.gov/main/OneSection.aspx?section=577.017Verified copy: https://revisor.mo.gov/main/OneSection.aspx?section=577.017

577.017. Consumption of alcoholic beverages while driving , penalty. , 1. A person commits the offense of consumption of an alcoholic beverage while driving if he or she operates a moving motor vehicle upon any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality while consuming any alcoholic beverage. 2. The offense of consumption of an alcoholic beverage while driving is an infraction and shall not be reflected on any records maintained by the department of revenue.

This section prohibits driver consumption. It does not establish whether mere possession or passenger possession is allowed; those answers are Not verified.

Montana source text

Official source: https://archive.legmt.gov/bills/mca/title_0610/chapter_0080/part_0100/section_0260/0610-0080-0100-0260.htmlVerified copy: https://archive.legmt.gov/bills/mca/title_0610/chapter_0080/part_0100/section_0260/0610-0080-0100-0260.html

(1) Except as provided in subsection (2), a person commits the offense of unlawful possession of an open alcoholic beverage container in or on a motor vehicle if the person knowingly possesses an open alcoholic beverage container within the passenger area of a motor vehicle on a highway. (2) This section does not apply to an open alcoholic beverage container: (a) in a locked glove compartment or storage compartment; (b) in a motor vehicle trunk or luggage compartment or rack, or in a truck bed or cargo compartment; (c) behind the last upright seat of a motor vehicle that is not equipped with a trunk; (d) in a closed container in the area of a motor vehicle that is not equipped with a trunk and that is not normally occupied by the driver or a passenger; or (e) in the immediate possession of a passenger: (i) of a bus, taxi, or limousine that is used for the transportation of persons for compensation and that includes the provision of a hired driver; or (ii) in the living quarters of a camper, travel trailer, or motor home. (3) (a) A person convicted of the offense of unlawful possession of an open alcoholic beverage container in a motor vehicle shall be fined an amount not to exceed $100. (b) A violation of this section is not a criminal offense within the meaning of 3-1-317 , 3-1-318 , 45-2-101 , 46-18-236 , 61-8-104 , and 61-8-711 and may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of this section against the insured or increase premiums because of the violation. The surcharges provided for in 3-1-317 , 3-1-318 , and 46-18-236 may not be imposed for a violation of this section.

Nebraska source text

Official source: https://nebraskalegislature.gov/laws/statutes.php?statute=60-6,211.08Verified copy: https://web.archive.org/web/20251114062409id_/https://nebraskalegislature.gov/laws/statutes.php?statute=60-6,211.08

(1) For purposes of this section: (a) Alcoholic beverage means (i) beer, ale, porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor, (ii) wine of not less than one-half of one percent of alcohol by volume, or (iii) distilled spirits which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced. Alcoholic beverage does not include trace amounts not readily consumable as a beverage; (b) Highway means a road or street including the entire area within the right-of-way; (c) Limousine means a luxury vehicle used to provide prearranged passenger transportation on a dedicated basis at a premium fare that has a seating capacity of at least five and no more than fourteen persons behind the driver with a physical partition separating the driver seat from the passenger compartment. Limousine does not include taxicabs, hotel or airport buses or shuttles, or buses; (d) Open alcoholic beverage container, except as provided in subsection (3) of section 53-123.04 and subdivision (1)(c) of section 53-123.11 , means any bottle, can, or other receptacle: (i) That contains any amount of alcoholic beverage; and (ii)(A) That is open or has a broken seal or (B) the contents of which are partially removed; and (e) Passenger area means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including any compartments in such area. Passenger area does not include the area behind the last upright seat of such motor vehicle if the area is not normally occupied by the driver or a passenger and the motor vehicle is not equipped with a trunk. (2) Except as otherwise provided in this section, it is unlawful for any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in a public parking area or on any highway in this state. (3) Except as provided in section 53-186 or subsection (4) of this section, it is unlawful for any person to consume an alcoholic beverage (a) in a public parking area or on any highway in this state or (b) inside a motor vehicle while in a public parking area or on any highway in this state. (4) This section does not apply to persons who are passengers of, but not drivers of, a limousine or bus being used in a charter or special party service as defined by rules and regulations adopted and promulgated by the Public Service Commission and subject to Chapter 75, article 3. Such passengers may possess open alcoholic beverage containers and may consume alcoholic beverages while such limousine or bus is in a public parking area or on any highway in this state if (a) the driver of the limousine or bus is prohibited from consuming alcoholic liquor and (b) alcoholic liquor is not present in any area that is readily accessible to the driver while in the driver's seat, including any compartments in such area.

Nevada source text

Official source: https://www.leg.state.nv.us/nrs/nrs-484b.htmlVerified copy: https://web.archive.org/web/20250701173648id_/https://www.leg.state.nv.us/nrs/nrs-484b.html

1. It is a misdemeanor for a person to drink an alcoholic beverage while the person is driving or in actual physical control of a motor vehicle upon a highway.

Official source: https://www.leg.state.nv.us/nrs/nrs-484b.htmlVerified copy: https://web.archive.org/web/20250701173648id_/https://www.leg.state.nv.us/nrs/nrs-484b.html

2. Except as otherwise provided in this subsection, it is a misdemeanor for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to:

Official source: https://www.leg.state.nv.us/nrs/nrs-484b.htmlVerified copy: https://web.archive.org/web/20250701173648id_/https://www.leg.state.nv.us/nrs/nrs-484b.html

(a) The passenger area of a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation; or

Official source: https://www.leg.state.nv.us/nrs/nrs-484b.htmlVerified copy: https://web.archive.org/web/20250701173648id_/https://www.leg.state.nv.us/nrs/nrs-484b.html

(b) The living quarters of a house coach or house trailer,

Official source: https://www.leg.state.nv.us/nrs/nrs-484b.htmlVerified copy: https://web.archive.org/web/20250701173648id_/https://www.leg.state.nv.us/nrs/nrs-484b.html

but does apply to the driver of such a motor vehicle who is in possession or control of an open container of an alcoholic beverage.

New Hampshire source text

Official source: https://gc.nh.gov/rsa/html/XXI/265-A/265-A-44.htmVerified copy: https://web.archive.org/web/20260828122925id_/https://gc.nh.gov/rsa/html/xxi/265-a/265-a-mrg.htm

I. (a) The words "liquor" and "beverage" as used in this section shall have the same meanings as defined in RSA 175:1. (b) The word "marijuana" as used in this section shall have the same meaning as defined in RSA 318-B and shall not include therapeutic cannabis as authorized under RSA 126-X. II. Except as provided in paragraph V, no driver shall transport, carry, possess, or have any liquor or beverage within the passenger area of any motor vehicle or OHRV upon any way in this state except in the original container and with the seal unbroken. Securely capped partially filled containers of liquor or beverages shall be stored and transported in the trunk of the motor vehicle or OHRV. If the motor vehicle or OHRV does not have a trunk, such containers shall be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver. II-a. Except as provided in paragraph V, no driver shall transport, carry, possess, or have any marijuana within the passenger area of any motor vehicle or OHRV upon any way in this state except in the original container and with the seal unbroken. Securely capped partially filled containers of marijuana, or marijuana in any other form of unsealed packaging, shall be stored and transported in the trunk of the motor vehicle or OHRV. If the motor vehicle or OHRV does not have a trunk, such containers shall be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver or in the glove compartment. III. Except as provided in paragraph V, no passenger shall carry, possess, or have any liquor or beverage within any passenger area of any motor vehicle or OHRV upon any way or in an area principally used for public parking in this state except in the original container and with the seal unbroken. Securely capped partially filled containers of liquor or beverages may be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver. III-a. Except as provided in paragraph V, no passenger shall carry, possess, or have any marijuana within any passenger area of any motor vehicle or OHRV upon any way or in an area principally used for public parking in this state except in the original container and with the seal unbroken. Securely capped partially filled containers of marijuana, or marijuana in any other form of unsealed packaging, may be stored and transported in that compartment or area of the vehicle or OHRV which is the least accessible to the driver or in the glove compartment. IV. A person who violates this section shall be guilty of a violation and shall be subject to a fine of $150. In addition, a person who violates paragraph II or II-a of this section may have his or her drivers' license, if a resident, or driving privilege, if a nonresident, suspended 60 days for a first offense and up to one year for a second or subsequent offense. V. This section shall not apply to persons transporting, carrying, possessing, or having any liquor, beverage, or marijuana in a chartered bus, in a taxi, or in a limousine for hire; provided, however, that the driver of any of said vehicles is prohibited from having any liquor, beverage, or marijuana in or about the driver's area. VI. For the purposes of this section only: (a) "Passenger area of any motor vehicle or OHRV" shall not include any section of a motor vehicle or OHRV which has been designed or modified for the overnight accommodation of persons or as living quarters. (b) "Way" shall mean the entire width between the boundary lines of any public highway, street, avenue, road, alley, park, or parkway, or any private way laid out under authority of statute, or any such way provided and maintained by a public institution to which state funds are appropriated for public use or any such way which has been used for public travel for 20 years.

New Jersey source text

Official source: https://nj.gov/mvc/license/duitable.htmlVerified copy: https://nj.gov/mvc/license/duitable.html

Driving or riding with an open container Offense Fines Community service 1st $200 - 2nd $250 10 days

MVC penalty table only. Vehicle exceptions, road scope, and meaning of second-offense community service not independently verified.

New Mexico source text

Official source: https://www.nmlegis.gov/Verified copy: https://web.archive.org/web/20260730203141id_/https://www.nmlegis.gov/

New Mexico Legislature

Direct official code blocked access. The readable Wayback code document was dated 2023 and rejected because archive evidence must be from 2025 or later.

New York source text

Official source: https://www.nysenate.gov/legislation/laws/VAT/1227Verified copy: https://web.archive.org/web/20260823085853id_/https://www.nysenate.gov/legislation/laws/VAT/1227

1. The drinking of alcoholic beverages or consumption of cannabis, or the possession of an open container containing an alcoholic beverage, in a motor vehicle located upon the public highways or right-of-way public highway is prohibited. Any operator or passenger violating this section shall be guilty of a traffic infraction. The provisions of this section shall not be deemed to prohibit the drinking of alcoholic beverages, the consumption of cannabis by means other than burning, or the possession of an open container containing an alcoholic beverage by passengers in passenger vehicles operated pursuant to a certificate or permit issued by the department of transportation or the United States department of transportation. Furthermore, the provisions of this section shall not be deemed to prohibit the possession of wine which is: (a) resealed in accordance with the provisions of subdivision four of section eighty-one of the alcoholic beverage control law; and (b) is transported in the vehicle's trunk or is transported behind the last upright seat or in an area not normally occupied by the driver or passenger in a motor vehicle that is not equipped with a trunk. 2. For the purposes of this section, a passenger vehicle shall mean a vehicle designed to carry ten or more passengers and used to carry passengers for profit or hire.

The paid-passenger vehicle exception requires ten or more passengers and a certificate or permit.

North Carolina source text

Official source: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-138.7.htmlVerified copy: https://web.archive.org/web/20260322013815id_/https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-138.7.html

§ 20-138.7. Transporting an open container of alcoholic beverage. (a) Offense. - No person shall drive a motor vehicle on a highway or the right-of-way of a highway while both of the following conditions are met: (1) There is an alcoholic beverage in the passenger area in other than the unopened manufacturer's original container. (2) The driver is consuming alcohol or while alcohol remains in the driver's body. (a1) Offense. - No person shall possess an alcoholic beverage other than in the unopened manufacturer's original container, or consume an alcoholic beverage, in the passenger area of a motor vehicle while the motor vehicle is on a highway or the right-of-way of a highway. For purposes of this subsection, only the person who possesses or consumes an alcoholic beverage in violation of this subsection shall be charged with this offense. (a2) Exception. - It shall not be a violation of subsection (a1) of this section for a passenger to possess an alcoholic beverage other than in the unopened manufacturer's original container, or for a passenger to consume an alcoholic beverage, if the container is: (1) In the passenger area of a motor vehicle that is designed, maintained, or used primarily for the transportation of persons for compensation; (2) In the living quarters of a motor home or house car as defined in G.S. 20-4.01(27)k.; or (3) In a house trailer as defined in G.S. 20-4.01(14). (a3) Meaning of Terms. - Under this section, the term "motor vehicle" means any vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways and includes mopeds. (b) Subject to Implied-Consent Law. - An offense under this section is an alcohol-related offense subject to the implied-consent provisions of G.S. 20-16.2. (c) Odor Insufficient. - The odor of an alcoholic beverage on the breath of the driver is insufficient evidence to prove beyond a reasonable doubt that alcohol was remaining in the driver's body in violation of this section, unless the driver was offered an alcohol screening test or chemical analysis and refused to provide all required samples of breath or blood for analysis. (d) Alcohol Screening Test. - Notwithstanding any other provision of law, an alcohol screening test may be administered to a driver suspected of violating subsection (a) of this section, and the results of an alcohol screening test or the driver's refusal to submit may be used by a law enforcement officer, a court, or an administrative agency in determining if alcohol was present in the driver's body. No alcohol screening tests are valid under this section unless the device used is one approved by the Department of Health and Human Services, and the screening test is conducted in accordance with the applicable rules adopted by the Department of Health and Human Services as to the manner of its use. (e) Punishment; Effect When Impaired Driving Offense Also Charged. - Violation of subsection (a) of this section shall be a Class 3 misdemeanor for the first offense and shall be a Class 2 misdemeanor for a second or subsequent offense. Violation of subsection (a) of this section is not a lesser included offense of impaired driving under G.S. 20-138.1, but if a person is convicted under subsection (a) of this section and of an offense involving impaired driving arising out of the same transaction, the punishment imposed by the court shall not exceed the maximum applicable to the offense involving impaired driving, and any minimum applicable punishment shall be imposed. Violation of subsection (a1) of this section by the driver of the motor vehicle is a lesser-included offense of subsection (a) of this section. A violation of subsection (a) shall be considered a moving violation for purposes of G.S. 20-16(c). Violation of subsection (a1) of this section shall be an infraction and shall not be considered a moving violation for purposes of G.S. 20-16(c). (f) Definitions. - If the seal on a container of alcoholic beverages has been broken, it is opened within the meaning of this section. For purposes of this section, "passenger area of a motor vehicle" means the area designed to seat the driver and passengers and any area within the reach of a seated driver or passenger, including the glove compartment. The area of the trunk or the area behind the last upright back seat of a station wagon, hatchback, or similar vehicle shall not be considered part of the passenger area. The term "alcoholic beverage" is as defined in G.S. 18B-101(4).

Separate driver-after-drinking offense and possession-only infraction are distinguished by the quoted subsections.

North Dakota source text

Official source: https://ndlegis.gov/cencode/t39c08.pdfVerified copy: https://ndlegis.gov/cencode/t39c08.pdf

39-08-18. Open container law - Penalty. 1. A person may not drink or consume alcoholic beverages, as defined in section 5-01-01, in or on any motor vehicle when the vehicle is upon a public highway or in an Page No. 10 area used principally for public parking. A person may not have in that person's possession on that person's person while in or on a private motor vehicle upon a public highway or in an area used principally for public parking, any bottle or receptacle containing alcoholic beverages which has been opened, or the seal broken, or the contents of which have been partially removed. It is unlawful for the owner of any private motor vehicle or the driver, if the owner be not then present in or on the motor vehicle, to keep or allow to be kept in a motor vehicle when such vehicle is upon the public highway or in an area used principally for public parking any bottle or receptacle containing such alcoholic beverages which has been opened, or the seal broken, or the contents of which have been partially removed except when such bottle or receptacle is kept in the trunk of the motor vehicle when such vehicle is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. A utility compartment or glove compartment must be deemed to be within the area occupied by the driver and passengers. This subsection does not prohibit the consumption or possession of alcoholic beverages in a house car if the consumption or possession occurs in the area of the house car used as sleeping or living quarters and that area is separated from the driving compartment by a solid partition, door, curtain, or some similar means of separation; however, consumption is not authorized while the house car is in motion. Any person violating this subsection must be assessed a fee of fifty dollars; however, the licensing authority may not record the violation against the person's driving record unless the person was the driver of the motor vehicle at the time that the violation occurred. 2. Subsection 1 does not apply to a public conveyance that has been commercially chartered for group use, any passenger for compensation in a for-hire motor vehicle, or a privately owned motor vehicle operated by a person in the course of that person's usual employment transporting passengers at the employer's direction. This subsection does not authorize possession or consumption of an alcoholic beverage by the operator of any motor vehicle described in this subsection while upon a public highway or in an area used principally for public parking. 3. The driver of a multipassenger bicycle may not: a. Drink or consume alcoholic beverages, as defined in section 5-01-01, while operating the multipassenger bicycle on any public street, road, path, or highway or while in an area used principally for parking; or b. Have in the driver's possession on the driver's person while operating the multipassenger bicycle on a public street, road, path, or highway or while in an area used principally for parking, any bottle or receptacle containing any alcoholic beverage which has been opened, or the seal broken, or the contents of which have been partially removed.

House car exception requires a separated sleeping or living area. Consumption is not authorized while in motion.

Ohio source text

Official source: https://codes.ohio.gov/ohio-revised-code/section-4301.62Verified copy: https://web.archive.org/web/20260819233305id_/https://codes.ohio.gov/ohio-revised-code/section-4301.62

(B) No person shall have in the person's possession an opened container of beer or intoxicating liquor in any of the following circumstances: (1) Except as provided in division (C)(1)(e) of this section, in an agency store; (2) Except as provided in division (C) or (J) of this section, on the premises of the holder of any permit issued by the division of liquor control; (3) In any other public place; (4) Except as provided in division (D) or (E) of this section, while operating or being a passenger in or on a motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking; (5) Except as provided in division (D) or (E) of this section, while being in or on a stationary motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking. (C)(1) A person may have in the person's possession an opened container of any of the following: (a) Beer or intoxicating liquor that has been lawfully purchased for consumption on the premises where bought from the holder of an A-1-A, A-2, A-2f, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, D-9, E, F, F-2, F-5, F-7, F-8, or F-9 permit; (b) Beer, wine, or mixed beverages served for consumption on the premises by the holder of an F-3 permit, wine served as a tasting sample by an A-2, A-2f, S-1, or S-2 permit holder for consumption on the premises of a farmers market for which an F-10 permit has been issued, or wine served for consumption on the premises by the holder of an F-4 or F-6 permit; (c) Beer or intoxicating liquor consumed on the premises of a convention facility as provided in section 4303.201 of the Revised Code; (d) Beer or intoxicating liquor to be consumed during tastings and samplings approved by rule of the liquor control commission; (e) Spirituous liquor to be consumed for purposes of a tasting sample, as defined in section 4301.171 of the Revised Code; (f) Beer or intoxicating liquor to be consumed in an outdoor area described in division (B)(1) of section 4303.188 of the Revised Code. (2) A person may have in the person's possession on an F liquor permit premises an opened container of beer or intoxicating liquor that was not purchased from the holder of the F permit if the premises for which the F permit is issued is a music festival and the holder of the F permit grants permission for that possession on the premises during the period for which the F permit is issued. As used in this division, "music festival" means a series of outdoor live musical performances, extending for a period of at least three consecutive days and located on an area of land of at least forty acres. (3)(a) A person may have in the person's possession on a D-2 liquor permit premises an opened or unopened container of wine that was not purchased from the holder of the D-2 permit if the premises for which the D-2 permit is issued is an outdoor performing arts center, the person is attending an orchestral performance, and the holder of the D-2 permit grants permission for the possession and consumption of wine in certain predesignated areas of the premises during the period for which the D-2 permit is issued. (b) As used in division (C)(3)(a) of this section: (i) "Orchestral performance" means a concert comprised of a group of not fewer than forty musicians playing various musical instruments. (ii) "Outdoor performing arts center" means an outdoor performing arts center that is located on not less than one hundred fifty acres of land and that is open for performances from the first day of April to the last day of October of each year. (4) A person may have in the person's possession an opened or unopened container of beer or intoxicating liquor at an outdoor location at which the person is attending an orchestral performance as defined in division (C)(3)(b)(i) of this section if the person with supervision and control over the performance grants permission for the possession and consumption of beer or intoxicating liquor in certain predesignated areas of that outdoor location. (5) A person may have in the person's possession on an F-9 liquor permit premises an opened or unopened container of beer or intoxicating liquor that was not purchased from the holder of the F-9 permit if the F-9 permit holder grants permission for the possession and consumption of beer or intoxicating liquor in certain predesignated areas of the premises during the period for which the F-9 permit is issued. (6)(a) A person may have in the person's possession on the property of an outdoor motorsports facility an opened or unopened container of beer or intoxicating liquor that was not purchased from the owner of the facility if both of the following apply: (i) The person is attending a racing event at the facility; and (ii) The owner of the facility grants permission for the possession and consumption of beer or intoxicating liquor on the property of the facility. (b) As used in division (C)(6)(a) of this section: (i) "Racing event" means a motor vehicle racing event sanctioned by one or more motor racing sanctioning organizations. (ii) "Outdoor motorsports facility" means an outdoor racetrack to which all of the following apply: (I) It is two and four-tenths miles or more in length. (II) It is located on two hundred acres or more of land. (III) The primary business of the owner of the facility is the hosting and promoting of racing events. (IV) The holder of a D-1, D-2, or D-3 permit is located on the property of the facility. (7)(a) A person may have in the person's possession an opened container of beer or intoxicating liquor at an outdoor location within an outdoor refreshment area created under section 4301.82 of the Revised Code if the opened container of beer or intoxicating liquor was purchased from an A-1, A-1-A, A-1c, A-2, A-2f, D class, or F class permit holder to which both of the following apply: (i) The permit holder's premises is located within the outdoor refreshment area. (ii) The permit held by the permit holder has an outdoor refreshment area designation. (b) Division (C)(7) of this section does not authorize a person to do either of the following: (i) Enter the premises of an establishment within an outdoor refreshment area while possessing an opened container of beer or intoxicating liquor acquired elsewhere; (ii) Possess an opened container of beer or intoxicating liquor while being in or on a motor vehicle within an outdoor refreshment area, unless the possession is otherwise authorized under division (D) or (E) of this section. (c) As used in division (C)(7) of this section, "D class permit holder" does not include a D-6 or D-8 permit holder. (8)(a) A person may have in the person's possession on the property of a market, within a defined F-8 permit premises, an opened container of beer or intoxicating liquor that was purchased from a D permit premises that is located immediately adjacent to the market if both of the following apply: (i) The market grants permission for the possession and consumption of beer and intoxicating liquor within the defined F-8 permit premises; (ii) The market is hosting an event pursuant to an F-8 permit and the market has notified the division of liquor control about the event in accordance with division (A)(3) of section 4303.208 of the Revised Code. (b) As used in division (C)(8) of this section, "market" means a market, for which an F-8 permit is held, that has been in operation since 1860. (D) This section does not apply to a person who pays all or a portion of the fee imposed for the use of a chauffeured limousine pursuant to a prearranged contract, or the guest of the person, when all of the following apply: (1) The person or guest is a passenger in the limousine. (2) The person or guest is located in the limousine, but is not occupying a seat in the front compartment of the limousine where the operator of the limousine is located. (3) The limousine is located on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking. (E) An opened bottle of wine that was purchased from the holder of a permit that authorizes the sale of wine for consumption on the premises where sold is not an opened container for the purposes of this section if both of the following apply: (1) The opened bottle of wine is securely resealed by the permit holder or an employee of the permit holder before the bottle is removed from the premises. The bottle shall be secured in such a manner that it is visibly apparent if the bottle has been subsequently opened or tampered with. (2) The opened bottle of wine that is resealed in accordance with division (E)(1) of this section is stored in the trunk of a motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.

Oklahoma source text

Official source: https://oksenate.gov/sites/default/files/2019-12/os21.pdfVerified copy: https://oksenate.gov/sites/default/files/2019-12/os21.pdf

§21-1220. Transporting intoxicating beverage or low-point beer - Prohibition - Special assessment - Exceptions - Penalty. A. Except as provided in subsection C of this section, it shall be unlawful for any operator to knowingly transport or for any passenger to possess in any moving vehicle upon a public highway, street or alley any intoxicating beverage or low-point beer, as defined by Sections 163.1 and 163.2 of Title 37 of the Oklahoma Statutes, except in the original container which shall not have been opened and from which the original cap or seal shall not have been removed, unless the opened container be in the rear trunk or rear compartment, which shall include the spare tire compartment in a station wagon or panel truck, or any outside compartment which is not accessible to the driver or any other person in the vehicle while it is in motion. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be Oklahoma Statutes - Title 21. Crimes and Punishments Page 365 punished as provided in subsection A of Section 566 of Title 37 of the Oklahoma Statutes. B. Any person convicted of violating any provision of subsection A of this section shall, in addition to any fine imposed, pay a special assessment trauma-care fee of One Hundred Dollars ($100.00) to be deposited into the Trauma Care Assistance Revolving Fund created in Section 1-2522 of Title 63 of the Oklahoma Statutes. C. The provisions of subsection A of this section shall not apply to the passenger area of buses and limousines; however, it shall be unlawful for the driver of the bus or limousine to consume or have in the driver's immediate possession any intoxicating beverage or low-point beer. D. No city, town, or county may adopt any order, ordinance, rule or regulation concerning the consumption or serving of intoxicating beverages or low-point beer in buses or limousines. E. As used in this section: 1. "Bus" means a vehicle as defined in Section 1-105 of Title 47 of the Oklahoma Statutes chartered for transportation of persons for hire. It shall not mean a school bus, as defined by Section 1-160 of Title 47 of the Oklahoma Statutes, transporting children or a vehicle operated pursuant to a franchise with a city or town operating over a regularly scheduled route; and 2. "Limousine" means a chauffeur-driven motor vehicle, other than a bus or taxicab, as defined by Section 1-174 of Title 47 of the Oklahoma Statutes, designed and used for transportation of persons for compensation. Added by Laws 1970, c. 290, § 1. Amended by Laws 1990, c. 209, § 1, emerg. eff. May 14, 1990; Laws 1995, c. 274, § 7, eff. Nov. 1, 1995; Laws 2003, c. 30, § 1, emerg. eff. April 7, 2003; Laws 2004, c. 386, § 1, emerg. eff. June 3, 2004; Laws 2005, c. 291, § 1, eff. Nov. 1, 2005; Laws 2006, c. 16, § 1, emerg. eff. March 29, 2006. NOTE: Laws 2005, c. 190, § 1 repealed by Laws 2006, c. 16, § 2, emerg. eff. March 29, 2006.

Source is the legislature-hosted Title 21 compilation; amount cross-reference not verified.

Oregon source text