Open Container Law: What Is It, and How Does It Work? (2024)

What Is the Open Container Law Used by Most States?

States have the power to regulate moral crimes. Public drunkenness has long been viewed as a nuisance, and the crime of disorderly conduct was created before cars were invented to punish people for being visibly drunk in public.

When did open container laws start? As awareness rose about the risks of intoxicated driving, states began applying the same restrictions that prohibited open containers of alcohol in public spaces to private automobiles.

Open container laws are preventive. They prohibit anyone from having an open container of alcohol in public. A person does not need to be intoxicated to be in violation, either. They do not even need to drink from the open container. Merely transporting it by foot, on a bicycle, or in a car can violate the law.

In most states, the only element the prosecution must prove to convict you is that you had an open container of alcohol in a prohibited location. But what does open container mean, exactly? This prohibition applies to any open container, such as a cup, bottle, or can. These laws also cover all alcoholic beverages, including:

• Beer

• Wine

• Distilled liquor

• Mixed drinks and cocktails

• Malt beverages

In most states, the law prohibits all open alcohol from being in the vehicle’s passenger compartment. You may carry an opened container of alcohol in your vehicle only if the container travels in the trunk.

Mississippi is the one state with no open container law. There, you can hold or even drink from an open container while driving as long as you are not intoxicated under the state’s DUI law.

Differences in Open Container Laws

State laws vary in several respects, including prohibited locations. Open container legislation typically respects a person’s right to possess and consume alcohol in the privacy of their homes. Similarly, it licenses businesses like bars, restaurants and nightclubs to allow consumption on those premises.

However, many states prohibit consumers from taking drinks or a partially consumed bottle of wine from a restaurant. Others don’t allow open containers in public spaces, like parking lots and sidewalks. Every state except Mississippi forbids having open containers in at least some locations in your car.

Open container laws also have different exceptions. For example, a few states, including Missouri, Virginia and Tennessee, exempt passengers. For example, Missouri law prohibits the driver from drinking alcohol, but passengers can carry or drink from open containers of alcohol inside a car.

Each state can also set its own penalty for open alcohol in car passenger compartments. In some, an open container ticket only requires payment of a fine. In others, it could also cost you points on your driving record. In most states, you could even go to jail if you are found with an open container of alcohol.

Police officers usually use open container violations in combination with the state’s DUI or DWI laws. When they stop someone for a traffic violation and suspect intoxicated driving, they will also look for an open container to stack charges against the driver.

Open Container Laws by State

With all the variations possible in open container laws, many people wonder, “What does the open container law state where I live?” The following summary of open container laws covers the states where passengers can drink, where all open containers are prohibited and other key characteristics:

To make compliance matters even more complicated, many states regulate open containers at the city or county level. For instance, Missouri’s alcohol consumption law applies statewide, but municipalities can pass and enforce local ordinances further regulating the possession of open alcohol in car passenger compartments.

Legalized Marijuana and Open Container Laws

Transportation of marijuana before legalization was a crime that could lead to drug trafficking charges. As states decriminalized the possession and use of marijuana, they also needed to decriminalize its transportation. However, these laws usually do not allow open possession of marijuana in public places or private vehicles.

The following states have open container marijuana laws:

• California

• Colorado

• Connecticut

• Illinois

• Massachusetts

• Minnesota

• Montana

• New Jersey

• New York

• Vermont

• Washington

Apart from open container laws, every state prohibits driving under the influence of marijuana. In a common scenario, an officer will stop the driver for committing a moving violation, such as speeding or weaving. With the increase in people using drugs like marijuana, officers are always on alert for any signs of intoxication.

The plain view doctrine allows the officer to use their senses, including their sense of smell, to determine whether any other crimes have been committed. If an officer sees smoke and smells marijuana, they have probable cause to search the vehicle for an open container of marijuana.

Learn More From ConsumerShield

States have open container laws because they reduce drunk driving crashes. However, these laws often trip up travelers since they vary so widely across state lines. In some cases, you can simply pay a fine. But in many states, a conviction for an open container violation could land you in jail.

ConsumerShield helps people by evaluating their situations and referring them to lawyers for representation. Contact us for a free case review.