Can Passengers Drink Alcohol In A Car? (2025)

Can You Drink in the Passenger Seat? Open-Container Laws Explained

Most states have passed open-container laws prohibiting the presence of alcoholic drinks in vehicles. These laws comply with federal laws, although the latter have expired.

Open-container regulations prohibit drinking alcohol within the vehicle, as well as the possession of an alcoholic beverage in the vehicle. Such rules apply to the following:

• All alcoholic beverages
• All passengers
• All highways and public roads

So for most states in the country, the answer to the question, “Can passengers drink alcohol in a car?” is a resounding “no,” according to these open container laws. Keep in mind that an open container doesn’t mean that the bottle or can has to be open. It only means that the seal has been broken.

In Florida, for example, having an open container in the vehicle is against the law, no matter who it belongs to. It may only be considered to be a passenger’s if it is in their physical possession. If it’s not, the driver could be charged with a DUI.

An exception would be if you’re on private property, and it’s the passenger who’s drinking. Is it legal to drink in a limo, though? Yes, that’s another exception; as long as you’re a passenger and sitting in the back, you can generally drink in a limo.

In What States Can You Drink as a Passenger in a Car?

There are some states in which you can drink if you’re a passenger. These states include:

• Arkansas
• Connecticut
• Delaware
• Mississippi
• Missouri
• Virginia
• West Virginia

In Alaska, you can also drink as a passenger as long as there’s a partition that separates the driver’s area from the passenger’s area. Laws can be even trickier in Rhode Island because they technically allow passengers to drink, but an open container in the vicinity of the driver means the latter is breaking the law.

Can You Travel With Alcohol in the Car? States Where Drivers Can Drink

There’s one state in the country where you can have an open container in the car, passengers can drink, and, interestingly, drivers can drink as well. That’s Mississippi. As long as you stay within the legal alcohol limit, you can drink even while actively driving.

Can you drink in the back of a car in Mississippi? The answer to that is yes, as well.

Open-Container Laws and Cannabis

In states where cannabis use is legal, open-container laws tend to apply to it, too. An open cannabis container is one with a broken seal. The only place in the car where you can legally store “open” marijuana is in the trunk.

In some states, including Illinois, an open container of cannabis is a container with a broken seal, one that is not odor-proof and one that isn’t child-proof. Other states take into account the amount of cannabis present within the passenger area of the car. In states where cannabis use is still illegal, having open containers of it in the vehicle is also illegal.

What Penalties Can You Face if You Break Open-Container Laws?

The penalties for breaking open-container laws are state-specific and can include everything from fines to jail time. In Alaska, for example, this is an infraction that only results in a fine, while in Nevada, it’s considered a misdemeanor that can result in up to six months in jail.

How Lawyers Can Help

If a passenger has an open container and you are being charged with driving under the influence, the best thing you can do is to hire a DUI lawyer to represent you. The sooner you get legal representation, the better chances you have of beating or reducing the charges.

Your lawyer can investigate the traffic stop that led to the arrest and gather evidence to defend you. If you’ve been charged with a DUI, your lawyer can verify whether the police officer had a valid reason to stop you. If they didn't, your lawyer could get any evidence of an open container they found thrown out. Sometimes, that’s all you need to get charges dropped.

It’s important not to face a charge that you broke container laws without experienced attorneys by your side. The consequences could impact your future for years to come.

Contact ConsumerShield to Find the Right Lawyer for You

So can passengers drink alcohol in a car? In the majority of states, they can’t. If you didn’t realize a passenger had an open container or if you weren’t aware of the laws in your state and you were given a ticket or charged with a misdemeanor, you need a qualified lawyer. With the substantial number of lawyers in U.S. states, however, it can be tough to select the right person for your unique case.

That’s where we can help at ConsumerShield. We can provide you with the guidance you need to understand your rights and connect you with a trusted lawyer in your area. Contact us to get started today.