Open Container Laws by State (2026): Passengers, Exemptions, Penalties
Independently fact-checked against primary sources (last audited September 23, 2026). · 37 primary sources cited on this page. How we verify our legal content
Federal law does not make open containers illegal by itself. Instead, 23 U.S.C. 154 conditions a slice of each state's highway funding on having a compliant open-container law, so all 50 states and DC regulate it, but the details, who it covers, what counts as a "passenger area," which vehicles are exempt, and the penalty, vary by state. As of September 2026, twelve states fall short of the federal standard and have funds reserved and, in the proportions the state elects, released for eligible highway-safety spending or transferred to the Section 402 program as a result.
Jurisdiction scope: This article covers vehicle open-container law in all 50 US states and the District of Columbia, and the federal framework under 23 U.S.C. 154 that ties state open-container law to federal highway funding. It does not address boat or marine open-container rules, pedestrian public-drinking ordinances, or open-container law outside the United States.
What federal law requires of a state open container law
A federal open-container law doesn't exist in the sense of a nationwide ban. Instead, 23 U.S.C. 154(a) requires a state to enact and enforce a law that meets a specific federal standard, or lose a share of its highway funding. The statute's own definition covers "the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle," including possession or consumption by the driver.
An "open alcoholic beverage container" under this definition means any bottle, can, or other receptacle containing alcohol that is open, has a broken seal, or whose contents have been partially removed.
23 CFR 1270.4, the regulation implementing the statute, spells out six elements a compliant state law must have. It must ban both possession of an open container and consumption of any alcoholic beverage, in the passenger area, covering all occupants (driver and passengers, not just the driver), on a public highway or its right-of-way, with primary enforcement (meaning police can stop a vehicle for this violation alone, not only as a secondary charge attached to another stop).
That regulation also authorizes two specific exceptions a state may build into an otherwise-compliant law without losing conformance:
- A container stored in a locked container, such as a locked glove compartment, or in an area not normally occupied by the driver or passengers and not easily accessible to them, such as a trunk, or the area behind the last upright seat in a vehicle with no trunk.
- Restricting the prohibition to the driver only in a vehicle designed, maintained, or used primarily to transport people for compensation, such as a bus, limousine, or taxi (so a paying passenger may drink), or in the living quarters of a house coach or house trailer (a motorhome or RV). The second exception covers both for-hire vehicles and RV living quarters.
The 2.5 percent funding penalty
If FHWA determines a state has not enacted, or is not enforcing, a law that meets these elements, and the Secretary made the same determination for that state for the prior fiscal year, it reserves an amount equal to 2.5 percent of that state's apportionment under two federal-aid highway programs, the National Highway Performance Program (23 U.S.C. 104(b)(1)) and the Surface Transportation Block Grant Program (23 U.S.C. 104(b)(2)). Under 23 U.S.C. 154(c)(2)(A)(ii), a state failing the standard for the first time isn't reserved against yet, it takes a second consecutive year of non-conformance to trigger the reservation. The reservation happens every October 1, and the state has 30 days to tell FHWA how to split the reserved amount between the two programs.
The reserved money isn't simply lost. Per the state's election, it is either released for eligible Highway Safety Improvement Program activities under 23 U.S.C. 148, or transferred to the state's Section 402 Highway Safety Program to fund alcohol and drug-impaired driving countermeasures.
The FY2026 non-conforming list
As of FHWA Notice N4510.905 (the FY2026 apportionment notice, dated October 1, 2025), twelve states have not enacted or are not enforcing a law that complies with 23 CFR 1270.4: Alaska, Connecticut, Delaware, Hawaii, Louisiana, Maine, Mississippi, Missouri, Ohio, Tennessee, Virginia, and Wyoming. Each has 2.5 percent of its NHPP and STBG apportionments reserved for the fiscal year.
Non-conformance and "no law at all" are not the same thing, and FHWA's notice itself states no reasons for any listed state, so everything in this paragraph past the bare fact of a state's inclusion is this page's own reading of the text, not FHWA's determination. For six of these states, the most visible candidate is on the face of the text: Alaska, Connecticut, Delaware, Missouri, Tennessee, and Virginia each ban only driver conduct, with no possession offense that reaches a passenger. Maine's statute reaches more conduct than those six but fewer defendants: it makes the operator liable if the operator or a passenger drinks or possesses an open container in the passenger area, but only the operator can be charged, so on this page's reading a passenger is never individually reached the way 23 CFR 1270.4(b)(4)'s "all occupants" element appears to require. That is an inference, not a confirmed reason. This research could not locate a statewide vehicle open-container statute for Mississippi at all, and the state's official Lexis-hosted code portal could not be searched to confirm the negative, so treat that one as unconfirmed rather than resolved. For the remaining three, Hawaii, Louisiana, and Wyoming, the statutory text reviewed appears to meet the core federal elements on its face (Wyoming's in-motion-only scope is a plausible exception, discussed below), and this research did not resolve the specific conformance gap. Ohio bans possession only, without a separate drinking ban, which looks like a facial gap against the federal standard's consumption element, but by this page's own table thirteen other states (Alabama, Arkansas, Illinois, Iowa, Kansas, Kentucky, Massachusetts, Michigan, Montana, New Hampshire, Oklahoma, South Carolina, and Texas) are drafted the same possession-only way and are NOT on the non-conforming list, so a possession-only structure cannot by itself be what disqualifies a state's law. Ohio's specific reason for FHWA's listing is unconfirmed, not the possession-only structure alone. It may be an enforcement-level or definitional technicality rather than a visible gap in the statute itself; treat every reason in this paragraph as this page's inference, not an assumed or confirmed FHWA determination.
Open container laws by state: complete comparison
The table below covers all 50 states and DC. "Who it covers" shows whether the law reaches only the driver or both driver and passengers. "Notable exemption" highlights one distinctive carve-out, not the complete list, click through to a state's page for the full exemption set, penalty citation, and sourcing notes. "FHWA-conforming" reflects the FY2026 list above, not a state-by-state federal certification of every detail.
The table below covers 9 states in the Northeast.
| State | Who it covers | Passenger rule | Notable exemption | Penalty | FHWA-conforming (FY2026) |
|---|---|---|---|---|---|
| Connecticut | Driver only | Driver-only: bans driver drinking while operating. No possession offense exists for anyone. | None (no possession offense exists) | Class C misdemeanor; up to $500 and up to 3 months (C.G.S. 53a-36(3), 53a-42(3)) | No (FY2026 list) |
| Maine | Driver only | Operator-only offense: the operator is liable if the operator or a passenger drinks or possesses an open container in the passenger area; a passenger cannot be cited under this section for their own container. | (trunkless vehicle) possession behind the last upright seat or in an area not normally occupied (possession only, not consumption) | Civil violation, not a misdemeanor; fine $25-$500, or license suspension, or both (29-A M.R.S. 103) | No (FY2026 list) |
| Massachusetts | Driver + passengers | Possession banned for every occupant; drinking not separately addressed in the text reviewed. | Passengers (not drivers) in vehicles designed/maintained for commercial passenger transportation | Fine $100-$500 | Yes |
| New Hampshire | Driver + passengers | Possession banned for every occupant; drinking not separately addressed in the text reviewed. | Chartered bus, taxi, or limousine passengers (the driver stays covered) | $150 fine; license suspension 60 days to 1 year | Yes |
| New Jersey | Driver + passengers | Possession banned for every occupant (39:4-51b); consumption by the operator or any passenger is separately banned by 39:4-51a, with the same penalties. | Passenger of a charter or special bus | $200 first offense; $250 or 10 days community service, subsequent | Yes |
| New York | Driver + passengers | Possession and drinking both banned for every occupant. | Passengers (not the operator) in a 'passenger vehicle' (10+ seats, used to carry passengers for hire, under DOT/USDOT certificate/permit) | Traffic infraction; up to $150 or 15 days first offense (VTL 1800(b)(1)) | Yes |
| Pennsylvania | Driver + passengers | Possession and drinking both banned for every occupant. | Passenger (not operator) in the passenger area of a for-hire vehicle (buses, taxis, limousines named expressly) | Summary offense; $25 fine under 75 Pa.C.S. 6502(a) (Title 18's summary-offense fines do not apply to the Vehicle Code, per 6502(c)) | Yes |
| Rhode Island | Unclear (see notes) | Framed around the operator; whether a passenger's own possession is independently a violation is unresolved in the text. | Operator of a RENTED limousine or bus, exempt only if neither the operator nor any passenger under 21 possesses an unsealed container | Civil/tribunal violation: up to $200 fine or license suspension up to 6 months, or both, first offense; up to $500 fine or suspension up to 1 year, or both, subsequent | Yes |
| Vermont | Driver + passengers | Possession and drinking both banned for every occupant (operator under 23 V.S.A. 1134, passengers under 1134a). | Passenger (not the operator) in a for-hire vehicle, or in a motor home or trailer coach's living quarters (1134a(d)); possession only, alcohol only. Also excludes a locked glove compartment and, in a trunkless vehicle, the area behind the last seat. | Civil penalty: up to $500 for operator drinking; up to $25 for possession by either the operator or a passenger, or for passenger drinking | Yes |
The table below covers 12 states in the Midwest.
| State | Who it covers | Passenger rule | Notable exemption | Penalty | FHWA-conforming (FY2026) |
|---|---|---|---|---|---|
| Illinois | Driver + passengers | Possession banned for every occupant; drinking not separately addressed in the text reviewed. | Passengers (not driver) in a limousine in ordinary use | No flat fine; escalating license suspension on repeat/under-21 violations | Yes |
| Indiana | Driver + passengers | Possession banned for every occupant (9-30-15-3); the operator's own drinking is a separate, higher-grade Class B infraction under 9-30-15-4. | A non-operator passenger in a for-hire vehicle or a house coach/trailer's living quarters | Possession: Class C infraction; not a moving violation, no license points. Operator drinking: Class B infraction (higher grade). | Yes |
| Iowa | Driver + passengers | Possession banned for every occupant; no separate drinking ban in this section. | Unsealed receptacle transported in the trunk, or behind the last upright seat in a trunkless vehicle | Simple misdemeanor (scheduled fine); under-21 also faces underage-possession charge | Yes |
| Kansas | Driver + passengers | Possession banned for every occupant; no separate drinking ban in this section. | Original unopened sealed package with closure intact | Misdemeanor, fine up to $200 or 6 months; mandatory 1-year license suspension on repeat offense (within 5 years) | Yes |
| Michigan | Driver + passengers | Possession banned for every occupant; drinking not separately addressed in the text reviewed. | (trunkless vehicle) locked glove compartment or behind the rearmost upright seat | Misdemeanor; court may add community service and screening | Yes |
| Minnesota | Driver + passengers | Possession and drinking both banned for every occupant. | Passengers in common/commercial-carrier buses | Misdemeanor; up to 90 days and/or $1,000 (Minn. Stat. 609.02, subd. 3) | Yes |
| Missouri | Driver only | Driver-only: bans driver drinking while the vehicle is moving. No possession offense exists for anyone. | None found | Infraction; not reflected on driving record | No (FY2026 list) |
| Nebraska | Driver + passengers | Possession and drinking both banned for every occupant. | Charter/special-party bus or limo passengers, if the driver stays sober with no alcohol in reach | The statute sets no penalty amount | Yes |
| North Dakota | Driver + passengers | Drinking banned for every occupant; possession banned when the container is on a person, in a private vehicle; the owner or driver must otherwise keep any open container out of the vehicle. | House-car living quarters behind a solid partition (consumption still barred while in motion) | Flat $50 fee; recorded only if you were the driver | Yes |
| Ohio | Driver + passengers | Possession banned for every occupant; no separate drinking ban in this section. | Long list incl. farmers markets, motorsports facilities, outdoor refreshment areas, and resealed restaurant wine kept out of reach | Minor misdemeanor; fine up to $150 (R.C. 4301.99(A), 2929.28(A)(2)(a)(v)) | No (FY2026 list) |
| South Dakota | Driver + passengers | Possession and drinking both banned for every occupant. | Unbroken original-package seal | Class 2 misdemeanor; exact fine not confirmed | Yes |
| Wisconsin | Driver + passengers | Drinking banned for everyone; possession banned when the container is on a person; the owner or driver must keep any open container in the trunk (a glove/utility compartment does not qualify). | Passengers in a chauffeured limousine or motor bus, subject to local ordinance conditions | Forfeiture (civil); commercial drivers face a heightened schedule | Yes |
The table below covers 16 states in the South, plus the District of Columbia.
| State | Who it covers | Passenger rule | Notable exemption | Penalty | FHWA-conforming (FY2026) |
|---|---|---|---|---|---|
| Alabama | Driver + passengers | Possession banned for every occupant; no separate drinking ban in this section. | For-hire vehicle passenger with CDL driver | Class C misdemeanor, fine up to $25; not a moving violation | Yes |
| Arkansas | Driver + passengers | Possession banned for every occupant; no separate drinking ban in this section. | Trunk/cargo area | Class C misdemeanor; fine not specified | Yes |
| Delaware | Driver only | Driver-only: bans driver drinking observed by an officer. No possession offense exists for anyone. | None (no possession offense exists) | Fine only: $25-$200 first offense, $50-$400 for a subsequent offense within 1 year | No (FY2026 list) |
| District of Columbia | Driver + passengers | Possession and drinking both banned for every occupant. | Private-residence structure overhang (porch/terrace/bay window) with owner permission | Misdemeanor; fine or up to 60 days, or both | Yes |
| Florida | Driver + passengers | Possession and drinking both banned for every occupant. | For-hire passenger (CDL passenger-endorsed driver, under a transportation contract) | Noncriminal traffic violation (moving for driver, non-moving for passenger) | Yes |
| Georgia | Driver + passengers | Possession and drinking both banned for every occupant. | A resealed to-go mixed drink or partial wine bottle (§3-5-4/§3-6-4) is not legally "open" | Fine up to $200 | Yes |
| Kentucky | Driver + passengers | Possession banned for every occupant; no separate drinking ban in this section. | Passenger (strictly, not the driver) in a for-hire vehicle (bus/taxi/limousine) or recreational vehicle/motor home/motor coach | Fine only, $35-$100 | Yes |
| Louisiana | Driver + passengers | Possession and drinking both banned for every occupant. | Mardi Gras parade-float passengers/krewe members (one of 9 exemptions, the broadest list in the dataset) | Fine up to $100 plus costs; not taken into custody | No (FY2026 list) |
| Maryland | Driver + passengers | Possession banned for every occupant (Crim. Law 10-125(a)); the drinking ban in 10-125(b) expressly does not apply to the driver, whose own drinking is banned separately by Transp. 21-903(c). | Motor vehicle designed/maintained/used primarily for compensated transportation (bus, taxicab, limousine) | Not a moving/traffic violation; exact fine not confirmed | Yes |
| Mississippi | Unclear (see notes) | No statewide vehicle open-container statute was located in this research; the official Lexis-hosted code portal could not be searched to confirm none exists. | None found (no located statute to exempt from) | Not applicable; no statewide offense located | No (FY2026 list) |
| North Carolina | Driver + passengers | Possession and drinking both banned for every occupant. | For-hire, motor home, and house-trailer passengers (occupant-tier only) | Driver offense: Class 3/2 misdemeanor. Occupant-possession: infraction only | Yes |
| Oklahoma | Driver + passengers | Possession banned for every occupant; no separate drinking ban in this section. | Rear trunk/compartment inaccessible while moving; state also bars any city/county from regulating bus or limousine consumption | Misdemeanor plus a mandatory $250 trauma-care fee | Yes |
| South Carolina | Driver + passengers | Possession banned for every occupant; no separate drinking ban in this section. | Beer/wine: trunk or luggage compartment | Misdemeanor; fine up to $100 or 30 days | Yes |
| Tennessee | Driver only | Driver-only by statutory definition; a passenger's own container is defined out of the offense (a city/county may extend it locally). | Container in a passenger's own possession (not the driver's) | Class C misdemeanor, fine only | No (FY2026 list) |
| Texas | Driver + passengers | Possession banned for every occupant; no separate drinking ban in this section. | Locked glove compartment or similar locked storage container | Class C misdemeanor, fine only, no jail | Yes |
| Virginia | Driver only | Driver-only: bans driver drinking; used only as a rebuttable presumption of consumption, not a possession offense. | None (no possession offense exists) | Class 4 misdemeanor; fine up to $250, no jail (Va. Code 18.2-11) | No (FY2026 list) |
| West Virginia | Driver + passengers | Possession and drinking both banned for every occupant. | Passengers in vehicles designed for transportation-for-hire (buses, taxicabs, limousines) | Misdemeanor; fine $50-$100 | Yes |
The table below covers 13 states in the West.
| State | Who it covers | Passenger rule | Notable exemption | Penalty | FHWA-conforming (FY2026) |
|---|---|---|---|---|---|
| Alaska | Driver only | Driver-only offense (driving with a container present); a passenger's own possession alone is not itself a violation. | Container in the trunk | Infraction; fine not confirmed | No (FY2026 list) |
| Arizona | Driver + passengers | Possession and drinking both banned for every occupant. | Bus, limousine, taxi, or TNC-service passenger | Class 2 misdemeanor | Yes |
| California | Driver + passengers | Possession and drinking both banned for every occupant. | Passenger (not the driver) in a licensed bus, taxi, limo-for-hire or pedicab, or in housecar/camper living quarters (§23229) | Infraction; fine set by statewide bail schedule | Yes |
| Colorado | Driver + passengers | Possession and drinking both banned for every occupant. | Passenger (not driver/front-seat passenger) in a for-hire vehicle | Class A traffic infraction; $50 fine + $16 surcharge | Yes |
| Hawaii | Driver + passengers | Possession and drinking both banned for every occupant. | For-hire vehicle with a driver/passenger barrier (passengers must stay behind it) | Driver: up to $2,000 or 30 days, or both. Passenger: petty misdemeanor | No (FY2026 list) |
| Idaho | Driver + passengers | Possession and drinking both banned for every occupant. | Unsealed container in an enclosed trunk, or behind the last upright seat in a trunkless vehicle (§23-505(1)) | Misdemeanor for the person in physical control; infraction for others | Yes |
| Montana | Driver + passengers | Possession banned for every occupant; no separate drinking ban in this section. | Immediate passenger possession in buses, taxis, or limousines operated for compensation | Not criminal; fine up to $100, no driving-record effect | Yes |
| Nevada | Driver + passengers | Possession and drinking both banned for every occupant. | Commercial passenger transportation vehicles | Misdemeanor; heightened penalties in work/pedestrian/school zones | Yes |
| New Mexico | Driver + passengers | Drinking banned for every occupant; possession banned only when the container is on a person (subsection B); a separate duty requires the registered owner to keep any other open container out of the vehicle (subsection C). | Passenger only in a for-hire bus/taxi/limousine licensed under the Motor Carrier Act | Misdemeanor on 2nd+ violation; first-offense fine not specified in the statute | Yes |
| Oregon | Driver + passengers | Drinking banned for every occupant ((1)(a)); possession banned when the container is on a person ((1)(b)); the registered owner or driver must otherwise keep any open container out of the vehicle ((1)(c)). | Container in the trunk, or (no trunk) an area not normally occupied by driver/passengers, exempts the owner/driver's (1)(c) keeping duty only, not drinking or on-person possession | Class B traffic violation | Yes |
| Utah | Driver + passengers | Possession and drinking both banned for every occupant of a motor vehicle; the drinking ban also reaches the operator of a golf cart, motor-assisted scooter, or electric-assisted bicycle, but the passenger drinking ban does not extend to those. | Passenger in a motorboat is separately exempt; broad vehicle-type scope also covers golf carts and e-bikes | Class C misdemeanor; exact fine not confirmed | Yes |
| Washington | Driver + passengers | Possession and drinking both banned for every occupant. | A public conveyance commercially chartered for group use (also: motor home or camper living quarters, for-hire passengers) | Traffic infraction (civil), penalty set by court rule | Yes |
| Wyoming | Driver + passengers | Possession and drinking both banned for every occupant. | RV cabinet/compartment, but only if inaccessible to driver AND passengers while moving | Misdemeanor, escalating: up to $200 (1st, or a later conviction more than 1 year after the first); $300/30 days (2nd within 1 year); $500/6 months (3rd+ within 1 year) | No (FY2026 list) |
A pattern worth naming: most states ban both possession and drinking, for driver and passengers alike. But a real minority, Connecticut, Delaware, Missouri, and Virginia, ban only the driver's own drinking and have no possession offense at all, for anyone. This research could not confirm whether Mississippi has a statewide open-container statute at all; its official code portal could not be searched. None of the first four states requires a designated driver's passengers to keep their containers closed, at least not under state law; some cities may go further, as discussed below.
Can passengers legally drink while the driver stays sober?
In most states, no. The majority ban possession of an open container by any occupant, driver or passenger, so a sober designated driver does not make passenger drinking legal. The exceptions cluster into a few distinct patterns worth knowing precisely, because the mechanism differs state to state.
Connecticut, Delaware, Missouri, and Virginia ban only the driver's own consumption while operating the vehicle. None of the four has a possession offense reaching anyone, driver or passenger, so a passenger's open container is not, by itself, illegal under state law in any of them. Delaware's version is narrower still: the driver-consumption offense only applies when the drinking happens in the presence or view of a police officer. Virginia goes a step further in the other direction for the driver: an open container found in the vehicle can be used as a rebuttable presumption that the driver had been drinking, which is evidence toward Virginia's separate offense, not an independent open-container charge.
Alaska frames its law as a driving offense, not a possession offense: a person may not drive with an open container in the passenger compartment. Because the offense attaches to the act of driving, a passenger who is not driving does not commit this offense merely by holding an open container.
Tennessee defines its offense to exclude a passenger's own container from the start: the law affirmatively states a container is "in the possession of the driver" only when it is not in the possession of any passenger. That means Tennessee's state law, by its own text, does not reach passenger drinking, though a city or county may extend the ban to passengers by local ordinance or resolution (see the local-option section below).
Rhode Island is a genuinely ambiguous case rather than a confirmed exception. Its statute is framed around the vehicle's operator ("no person shall operate a motor vehicle... with any unsealed alcoholic beverage container within the passenger section"), which is a structurally different, and less clear, mechanism than the "any occupant" framing most states use. Whether a passenger's own possession, standing alone, is independently a violation under Rhode Island law is an open question in the statute's own text, not something this research resolved.
Maine is the inverse of every state above, not an eighth example of the same pattern. 29-A M.R.S. 2112-A(2) puts the operator in violation if the operator OR a passenger drinks or possesses an open container in the passenger area, so a passenger's own drinking or open container is unlawful conduct in Maine, but the statute charges only the operator for it. A Maine passenger drinking freely is not "legal" the way it is in the six states above; the operator simply bears the citation for it instead of the passenger.
Do not read any of this as "these states let passengers drink freely." Open containers still commonly serve as evidence supporting a separate DUI stop or investigation (see the penalties section below), and city or county ordinances can be more restrictive than the state floor.
Does the law apply to RVs, limousines, party buses, or rideshare?
Federal guidance under 23 CFR 1270.4 lets a compliant state law build in two specific exemptions without losing conformance: the living quarters of a house coach or house trailer (an RV or motorhome), and a passenger, never the driver, in a vehicle designed, maintained, or used primarily to transport people for compensation, such as a bus, limousine, or taxi. Nearly every state in this dataset uses a version of one or both exemptions, but the exact conditions differ enough that it's worth checking the specific state.
Most states that exempt a for-hire vehicle's passengers still hold the driver to the ordinary rule. Wyoming, for example, exempts a passenger in a for-hire vehicle's passenger area but keeps the driver barred within their own "zone of control." Oklahoma goes the furthest in the other direction on the local-regulation side: state law expressly forbids any city, town, or county from regulating alcohol consumption in buses or limousines at all, a broader preemption than most states.
Rhode Island's for-hire exemption is narrower than most peer states: it only applies to the operator of a rented limousine or bus, and only if neither the operator nor any passenger under 21 possesses an unsealed container. A privately owned limousine used the same way would not qualify.
Rideshare services (Uber, Lyft, and similar) are rarely addressed by name in a state statute; Arizona's reference to a "transportation network company (TNC)" vehicle is the exception among the states reviewed in this research. The "for-hire vehicle" or "vehicle used primarily for compensated transportation" language in most other states predates rideshare, and those states differ on whether that language, written for taxis and limousines, extends to a rideshare vehicle. Treat that as an open legal question in every state except Arizona, rather than an assumption of coverage in either direction.
Motorhome and RV living quarters are commonly exempt for a passenger, but the driver almost always remains covered even inside an otherwise-exempt vehicle. North Dakota's version requires a solid partition, door, or curtain separating the living quarters from the driving compartment, and even then, consumption is still not authorized while the vehicle is in motion.
What about a locked glove compartment, trunk, or resealed wine?
Federal guidance under 23 CFR 1270.4 allows a state to exempt a container stored in a locked container, such as a locked glove compartment, or in an area not normally occupied by the driver or passengers and not easily accessible to them, typically the trunk, or the area behind the last upright seat in a vehicle with no trunk. Nearly every state builds in some version of this, but states genuinely disagree about whether an unlocked glove compartment counts as part of the regulated "passenger area."
Iowa's law expressly includes the glove compartment within the passenger area, an unusual and counterintuitive rule compared to several neighboring states. Kentucky and Louisiana take the opposite approach: their definitions include the glove compartment generally, but carve out a locked glove compartment as an exempt storage location, the same distinction 23 CFR 1270.4 authorizes. North Dakota and Oregon, by contrast, don't list a locked glove compartment as its own exemption at all; only the trunk, or an area not normally occupied by driver or passengers, appears to qualify in those two states.
Resealed restaurant wine, sometimes called a "doggy bag" bottle, is a separate state liquor-law mechanism, not part of federal open-container law. Massachusetts and New York both exclude a properly resealed restaurant wine bottle from their "open container" definition, though Massachusetts still bars transporting even a resealed bottle in the passenger area itself, and New York separately requires the resealed bottle to be kept in the trunk, or behind the last upright seat if there's no trunk. In both states, the resealed-wine exception and the locked-storage exception work together rather than independently. Ohio has one of the longest resealed-wine and location-based exemption lists in this dataset, including farmers markets, motorsports facilities, and designated outdoor refreshment areas, alongside its resealed-restaurant-wine carve-out.
Louisiana's drive-through daiquiri shops are a common source of confusion, but the confusion cuts the other way: the state does have a written statutory carve-out for them. La. R.S. 32:300(B)(3)(b) excludes a frozen alcoholic beverage from the definition of "open alcoholic beverage container" unless the lid has been removed, a straw protrudes through it, or its contents have been partially removed. A daiquiri sold sealed that way is not legally "open" under the statute's own terms, a named, written exception rather than a side effect of the general sealed-container definition that governs an unopened can or bottle elsewhere.
Which states let cities and counties set their own rules?
Local-option rules run in both directions, and there's no single pattern to generalize across states.
Colorado and Florida let a city or county adopt an ordinance that is more restrictive than the state floor, never less. (North Carolina has a similar local-option allowance, but only for pedestrian "social district" to-go cups; its vehicle open-container statute itself has no local-ordinance delegation.) Louisiana preempts local ordinances generally, for a uniform statewide rule, but carves back a real local-variation allowance for a subdivision with a population over 50,000, which may enact its own non-conflicting ordinance, including setting fines above the state amount. Ohio lets a municipality or township opt out of the state's default commercial-quadricycle passenger exemption by its own ordinance.
Tennessee's state law is driver-only, but subsection (c) lets a city (by ordinance) or county (by resolution) voluntarily extend the ban to passengers. This research did not confirm whether any specific major Tennessee city has done so; check local ordinances if you're relying on the passenger question there.
Wyoming runs the mirror image of Tennessee's structure. Its state open-container statute does not apply at all inside any incorporated municipality that has adopted its own competing open-container ordinance; the state law only governs outside incorporated municipalities, or inside ones that haven't adopted a competing rule of their own. Combined with Wyoming's plain-text limitation to a vehicle that "is in motion" (a parked vehicle isn't reached by the statute's own wording), local ordinances in Wyoming can matter more than the state statute for a given stop.
This is a genuinely state-specific mechanic. Don't assume a rule you've read about in one state, more restrictive local ordinances allowed, local ordinances preempted, local opt-outs, applies the same way anywhere else.
Penalties, and how an open container interacts with a DUI stop
Penalties in this dataset span a wide range. At the lighter end, Colorado's is a $50 fine plus a $16 surcharge (a class A traffic infraction), and North Dakota's is a flat $50 fee that isn't recorded against your driving record unless you were the driver. Montana's is a non-criminal violation capped at $100 that doesn't affect insurance rates. At the heavier end, Hawaii's driver consumption or possession offense carries a fine up to $2,000 or up to 30 days in jail, or both, and Wyoming's penalty escalates by prior-conviction count within a year, up to $500 or six months for a third or subsequent violation.
Several states attach a licence consequence on top of, or instead of, the base fine, sometimes on a first offense and sometimes only on a repeat. Rhode Island pairs its fine with a possible license suspension on a FIRST offense already, up to 6 months, and up to 1 year on a subsequent one; either can stand in for the fine or come with it. Kansas imposes a mandatory one-year license suspension on a second or subsequent violation within five years (a restricted-license order in lieu of suspension is itself capped at one year). New Mexico escalates to a misdemeanor on a second or subsequent violation and revokes the driver's license for 3 months on a second violation, 1 year on a third or later one.
An open container citation is a different offense from a DUI charge, and doesn't by itself require a DUI arrest. But at least one state treats it as directly relevant evidence in a DUI stop rather than as an unrelated offense: Virginia's open container creates a rebuttable presumption that the driver had been drinking, evidence supporting Virginia's separate driving-under-the-influence-of-alcohol offense, not a standalone DUI charge on its own. That doesn't make an open container itself a DUI, but it does mean an open-container stop can lead directly into a broader DUI investigation, in Virginia and, as a practical matter of officer discretion, in most other states too.
An officer who stops a vehicle for an open container may also be checking for related equipment violations. Window tint that's too dark and a windshield-mounted traffic camera ticket history are both separate legal topics from open-container law, but they're common companions in a traffic stop and worth understanding on their own.
Disclaimer: This article provides general legal information about open container laws in the United States as of September 2026. It is not legal advice. Open-container statutes, exemptions, and penalties change, verify the current text of your state's law before relying on it, and consult a lawyer licensed in your state for advice about a specific situation.
Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.
Frequently Asked Questions
What is considered an open container?
Under the federal definition in 23 U.S.C. 154(a), an open alcoholic beverage container is any bottle, can, or other receptacle containing alcohol that is open, has a broken seal, or whose contents have been partially removed. Most states use a close variant of this definition in their own statute; check the table above for your state's specific rule.
Is it illegal to have an empty alcohol container in your car?
Generally no, under the federal definition and most state versions of it, the offense turns on a container that still contains alcohol and is open, unsealed, or partially emptied. An empty can or bottle typically doesn't meet that definition. This wasn't independently confirmed for every state in this research, so if it matters to your situation, check your specific state's page.
Can you have an open container in a parked car?
It depends on the state. Most states' laws cover a vehicle on a public highway or its right-of-way regardless of whether it's moving, and some, like North Dakota and Florida, explicitly extend to a vehicle that is parked or stopped in a covered area. A minority of states read differently: Wyoming's and Oklahoma's alcohol-possession clauses are worded to reach only a vehicle that is in motion, on their plain text. Michigan is a hybrid: its ban reaches a parked vehicle on a highway, but off-highway, in a parking lot or other place open to the public, only a moving vehicle is covered. Check the table above and your state's own page for the specific wording.
Does the open container law apply to boats?
This research reviewed motor vehicle statutes only, not state marine or boating codes, so boat-specific rules are outside this page's scope. 23 U.S.C. 154 itself covers only a motor vehicle on a highway, and most state open-container statutes are written the same way. Utah is a documented exception among the states reviewed here: its statute names a passenger in a motorboat as a separate exemption, which implies Utah's law otherwise reaches boats in some form. Check your state's boating regulations directly for a definitive answer.
Do city entertainment districts (to-go cups) create an exception for cars?
No state's vehicle open-container statute reviewed in this research carves out an exception for a designated entertainment or social district. Where those districts exist, such as Alabama's municipal entertainment-district statutes or North Carolina's social-district provisions, they allow a pedestrian to carry an open to-go cup on foot within a defined outdoor area; none of them extends that allowance to a vehicle. A car's open-container rule is unaffected by standing inside or driving through one of these districts.
What happens if my state has no open container law?
This research could not locate a statewide vehicle open-container statute for Mississippi, and the state's official Lexis-hosted code portal could not be searched to confirm none exists; only Mississippi's DUI and impaired-driving law was confirmed to address alcohol behind the wheel there. That doesn't make drinking and driving legal, and it doesn't confirm an open container is never its own offense in Mississippi either, it means this research could not verify the answer one way or the other. It's also part of the reason FHWA lists Mississippi as non-conforming for FY2026 and has reserved a share of its federal highway funding as a result.
Updates
Independently fact-checked against the cited primary sources
Independently fact-checked against the cited primary sources
State-by-state comparison
Each state guide below is paired with the governing statute our editors adjudicated for it, held in our own legal record and verified against the official source.
Each statute shown is the same adjudicated anchor its state guide renders, independently verified against primary sources. A dash means not yet adjudicated in our record — never that no law exists.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
United States Code Title 23
§ 154Open container requirementsIn forcecited in 46 of our articles
In this section, the following definitions apply: The term “alcoholic beverage” has the meaning given the term in section 158(c). The term “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. The term “open alcoholic beverage container” means any bottle, can, or other receptacle— that contains any amount of alcoholic beverage; and that is open or has a broken seal; or the contents of which are partially removed. The term “passenger area” shall have the meaning given the term by the Secretary by regulation. For the purposes of this section, each State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- Foremost Insurance v. Richardson (Supreme Court of the United States 1982, 457 U.S. 668)“…er traffic, just as it has done for some land traffic. See 23 U. S. C. § 154 (55 m.p.h. speed limit). Yet no one su…”
- United States v. Kevin Bishop, United States of America v. Edward Stokes (Court of Appeals for the Third Circuit 1995, 66 F.3d 569)“…nder the Spending Clause, not the Commerce Clause. See 23 U.S.C. § 154 (Supp.1995) (conditioning receipt of f…”
- Mrs. Lizzie Beatrice Easterwood v. Csx Transportation, Inc. (Court of Appeals for the Eleventh Circuit 1991, 933 F.2d 1548)“…ce with the national highway speed limit. See 23 U.S.C.A. § 154 (1990). Easterwood argues that an auto…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Maine Open Container Law (2026): Statute and Exemptions, Alabama Open Container Law (2026): The $25 Fine and No-Points Rule, Arkansas Open Container Law (2026): Rules, Exemptions, and Penalty
§ 104ApportionmentIn force
There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration— $490,964,697 for fiscal year 2022; $500,783,991 for fiscal year 2023; $510,799,671 for fiscal year 2024; $521,015,664 for fiscal year 2025; and $531,435,977 for fiscal year 2026. The amounts authorized to be appropriated by this subsection shall be used— to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2; to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with section 3521 of title 31. The amounts made available under paragraph (1) shall remain available until expended.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 53 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- COUNTY OF LOS ANGELES CAL. v. Coleman (District Court, District of Columbia 1976, 423 F. Supp. 496)“…tioned to the states by the Secretary as specified by law. 23 U.S.C. § 104 (b). Certain portions of these funds ar…”
- State of Vermont by Its Agency of Transportation v. Neil Goldschmidt, Secretary of Transportation of the United States (Court of Appeals for the Second Circuit 1980, 638 F.2d 482)“…rtions among the states according to a statutory formula. 23 U.S.C. § 104 . A state's allotment, when combined w…”
- State of Tenn. Ex Rel. Leech v. Dole (District Court, M.D. Tennessee 1983, 567 F. Supp. 704)“…among the States in accordance with a formula set forth in 23 U.S.C. § 104 (b). Upon apportionment, each State is…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 148Highway safety improvement programIn forcecited in 4 of our articles
In this section, the following definitions apply: The term “high risk rural road” means any roadway functionally classified as a rural major or minor collector or a rural local road with significant safety risks, as defined by a State in accordance with an updated State strategic highway safety plan. The term “highway basemap” means a representation of all public roads that can be used to geolocate attribute data on a roadway. The term “highway safety improvement program” means projects, activities, plans, and reports carried out under this section. The term “highway safety improvement project” means strategies, activities, and projects on a public road that are consistent with a State strategic highway safety plan and— correct or improve a hazardous road location or feature; or address a highway safety problem. The term “highway safety improvement project” only includes a project for 1 or more of the following: An intersection safety improvement that provides for the safety of all road users, as appropriate, including a multimodal roundabout. Pavement and shoulder widening (including addition of a passing lane to remedy an unsafe condition).
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Loren Van Abbema and Barbara Van Abbema, and Edward R. Koeber and Mary D. Koeber v. Paul Fornell, D/B/A Warsaw Barge Loading Facility John O. Marsh, Secretary of the Army, and Lt. Gen. J.K. Bratton, Chief of Engineers, Department of the Army, Loren Van Abbema and Barbara Van Abbema, and Edward R. Koeber and Mary D. Koeber, People of the State of Illinois, Plaintiff-Intervenor-Appellant v. Paul Fornell, D/B/A Warsaw Barge Loading Facility John O. Marsh, Secretary of the Army, and Lt. Gen. J.K. Bratton, Chief of Engineers, Department of the Army (Court of Appeals for the Seventh Circuit 1986, 807 F.2d 633)“…er) and its surroundings. See Appellants' Brief at 22-33; 23 U.S.C. 148. However, not only did the Federal Hi…”
- Abbema v. Fornell (Court of Appeals for the Seventh Circuit 1986, 807 F.2d 633)“…er) and its surroundings. See Appellants’ Brief at 22-33; 23 U.S.C. 148. However, not only did the Federal Highw…”
- Diana Glazer v. State of Arizona (Arizona Supreme Court 2015, 237 Ariz. 160)“…Opinion of the Court travel. See 23 U.S.C. § 148(c)(1) (requiring a state to implement a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Maine Traffic Camera Ticket Laws: Why Red Light and Speed Cameras Are Banned, Maryland Traffic Camera Ticket Laws: Red Light, Speed & Work Zone Cameras Explained, Montana Traffic Camera Ticket Laws: Why Red Light and Speed Cameras Are Banned
Code of Federal Regulations Title 23
§ 1270.4Compliance criteria.In forcecited in 20 of our articles
(a) To avoid the reservation of funds specified in § 1270.6, a State must enact and enforce an open container law that prohibits the possession of any open alcoholic beverage container, and the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State. (b) The law must apply to: (1) The possession of any open alcoholic beverage container and the consumption of any alcoholic beverage; (2) The passenger area of any motor vehicle; (3) All alcoholic beverages; (4) All occupants of a motor vehicle; and (5) All motor vehicles located on a public highway or the right-of-way of a public highway. (c) The law must provide for primary enforcement. (d) Exceptions.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Also relied on in: Alaska Open Container Law (2026): A Driver-Only Driving Offense, Arizona Open Container Law (2026): Possession and Drinking Both Banned, DC Open Container Law (2026): D.C. Code § 25-1001 Explained
§ 1270.6Reservation of funds.In force
(a) On October 1 of each fiscal year, if a State has not enacted or is not enforcing a law that complies with § 1270.4, FHWA will reserve an amount equal to 2.5 percent of the funds apportioned to the State for that fiscal year under each of 23 U.S.C. 104(b)(1) and (b)(2). (b) The reservation of funds will be made based on proportionate amounts from each of the apportionments under 23 U.S.C. 104(b)(1) and (b)(2). The State's Department of Transportation will have 30 days from the date the funds are reserved under this section to notify FHWA, through the appropriate Division Administrator, if it would like to change the distribution of the amounts reserved between 23 U.S.C. 104(b)(1) and (b)(2).
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Code of Virginia, Title 18.2: Crimes and Offenses Generally
§ 18.2-323.1Drinking while operating a motor vehicle; possession of open container while operating a motor vehicle and presumption; penaltyIn forcecited in 2 of our articles
A. It is unlawful for any person to consume an alcoholic beverage while driving a motor vehicle upon a public highway of the Commonwealth. B. Unless the driver is delivering alcoholic beverages in accordance with the provisions of § 4.1-212.1, a rebuttable presumption that the driver has consumed an alcoholic beverage in violation of this section shall be created if (i) an open container is located within the passenger area of the motor vehicle, (ii) the alcoholic beverage in the open container has been at least partially removed, and (iii) the appearance, conduct, odor of alcohol, speech, or other physical characteristic of the driver of the motor vehicle may be reasonably associated with the consumption of an alcoholic beverage. C. For the purposes of this section: "Open container" means any vessel containing an alcoholic beverage, except the originally sealed manufacturer's container. "Passenger area" means the area designed to seat the driver of any motor vehicle, any area within the reach of the driver, including an unlocked glove compartment, and the area designed to seat passengers.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2017
Opinions citing this section in our collection:
- United States v. Washington (District Court, E.D. Virginia 2006, 439 F. Supp. 2d 589)“…ontainer of Hennessey found inside his vehicle, pursuant to Va.Code 18.2-323.1. Additionally, on March 1, 2006, defend…”
- United States v. Mardell Johnson (Court of Appeals for the Fourth Circuit 2017, 689 F. App'x 214)“…ttle and search the vehicle for evidence of a violation of Va. Code Ann. § 18.2-323.1(A) (LexisNexis 2014), which prohibits…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Open Container Law (2026): No Possession Offense
§ 18.2-11Punishment for conviction of misdemeanorIn forcecited in 13 of our articles
The authorized punishments for conviction of a misdemeanor are: (a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both. (b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both. (c) For Class 3 misdemeanors, a fine of not more than $500. (d) For Class 4 misdemeanors, a fine of not more than $250. For a misdemeanor offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Commonwealth v. White (Virginia Circuit Court 2002, 58 Va. Cir. 154)“…meanors carry a possible sentence of twelve months in jail. Va. Code § 18.2-11(a). Upon discovery of this violation…”
- Virginia v. Moore (Supreme Court of the United States 2008, 553 U.S. 164)“…le under Virginia law by a year in jail and a $2,500 fine, Va. Code Ann. §§18.2-11 (Lexis 2004), 18.2-272 (Supp. 2007), 4…”
- Richard Weidman v. Exxon Mobil Corporation (Court of Appeals for the Fourth Circuit 2015, 776 F.3d 214)“…months and a fine of not more than $2,500, either or both.” Va. Code Ann. § 18.2-11(a).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Smart Glasses Recording Laws, Virginia GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026), Virginia Surveillance Camera Laws (2026 Guide)
California Vehicle Code
§ 23229In forcecited in 3 of our articles
(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.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2013
Opinions citing this section in our collection:
- Pinto v. Walt Disney Parks & Resorts U.S., Inc. (Court of Appeals for the Ninth Circuit 2013, 528 F. App'x 694)“…that drinking in the vanpool is legally permissible under California Vehicle Code § 23229 is irrelevant because employers can pro…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Open Container Law (2026): The Full Rule, Can You Get a DUI in a Self-Driving Car or Waymo? (2026)
Connecticut General Statutes, Title 53a (Penal Code), Chapter 952
§ 53a-213Drinking while operating a motor vehicle: Class C misdemeanor.In forcecited in 2 of our articles
(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.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at cga.ct.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2007
Opinions citing this section in our collection:
- State v. Shepard (Connecticut Appellate Court 2007, 102 Conn. App. 101)“…drinking while operating a motor vehicle in violation of General Statutes § 53a-213 (a) and operating a motor vehicle with…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Connecticut Open Container Law (2026): No Possession Ban
§ 53a-36Imprisonment for misdemeanor. Definite sentence. Authorized term.In forcecited in 2 of our articles
A sentence of imprisonment for a misdemeanor shall be a definite sentence and, unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise, the term shall be fixed by the court as follows: (1) For a class A misdemeanor, a term not to exceed one year; (2) for a class B misdemeanor, a term not to exceed six months; (3) for a class C misdemeanor, a term not to exceed three months; (4) for a class D misdemeanor, a term not to exceed thirty days; and (5) for an unclassified misdemeanor, a term in accordance with the sentence specified in the section of the general statutes that defines or provides the penalty for the crime.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at cga.ct.gov
Cited in 31 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. McCahill (Supreme Court of Connecticut 2002, 261 Conn. 492)“…on of both. See General Statutes § 53a-28 (b); 18 see also General Statutes §§ 53a-36, 53a-42. 19 Under the plain *516 lang…”
- State v. Salamon (Supreme Court of Connecticut 2008, 287 Conn. 509)“…le by a term of imprisonment of not more than one year. See General Statutes § 53a-36. Kidnapping in the second degree, howev…”
- State v. Oquendo (Supreme Court of Connecticut 1992, 223 Conn. 635)“…have received a term of imprisonment of up to one year. See General Statutes § 53a-36. The defendant also claimed in h…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Delaware Code, Title 21 (Motor Vehicles), Chapter 041 (RULES OF THE ROAD)
§ 4177JDrinking while driving prohibited.In forcecited in 2 of our articles
(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.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at delcode.delaware.gov
Also relied on in: Delaware Open Container Law (2026): No Possession Ban
Kansas Statutes Annotated, Chapter 8: AUTOMOBILES AND OTHER VEHICLES
§ 8-1599Transportation of liquor in opened containers unlawful; exceptions; penalty; report of prior convictions; city or county not prohibited from enacting comparable ordinance or resolution, requirements.In forcecited in 2 of our articles
(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.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at ksrevisor.gov
Also relied on in: Kansas Open Container Law (2026): Statute and Penalty
Kentucky Revised Statutes, Chapter 189: TRAFFIC REGULATIONS -- VEHICLE EQUIPMENT AND STORAGE
§ 189.530Providing motor vehicle to person intoxicated or under influence of substance which may impair driving ability -- Possession of open alcoholic beverage container in a motor vehicle prohibited -- Exceptions -- Definitions -- Election of offenses to prosecuteIn forcecited in 2 of our articles
(1) No person shall provide a motor vehicle to another to operate upon a highway, knowing that the other person is in an intoxicated condition, or under the influence of any substance which may impair one's driving ability. (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.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Beaty v. Commonwealth (Kentucky Supreme Court 2003, 125 S.W.3d 196)“…218A.500(2) (Count VII); violating the open container laws, KRS 189.530(2) (Count VIII); and being a persistent…”
- Logan Jarvis Johns v. Elliot Young (Court of Appeals of Kentucky 2026)“…the boundary lines of every way publicly maintained[.]” See KRS 189.530(6) (emphasis added). Though the context…”
- Shelby Joe Nix v. Commonwealth of Kentucky (Court of Appeals of Kentucky 2022)“…2 Kentucky Revised Statutes (KRS) 218A.1412. 3 KRS 189.530. 4 KRS 532.080. 5 “Appeals from a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Open Container Law (2026): Statute and Penalty
Louisiana Revised Statutes
§ 32:300Possession of alcoholic beverages in motor vehiclesIn forcecited in 2 of our articles
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.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at legis.la.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State v. McGraw (Louisiana Court of Appeal 2008, 1 So. 3d 645)“…40:966), possession of an open container (in violation of La. R.S. 32:300), and making an improper turn (in viola…”
- State v. Bellow (Louisiana Court of Appeal 2008, 982 So. 2d 826)“…an open container of alcohol in a vehicle, in violation of La. R.S. 32:300, was unlawful because the statute prohi…”
- State v. James (Louisiana Court of Appeal 2009, 9 La.App. 3 Cir. 606)“…in possession of an open alcoholic beverage, a violation of La. R.S. 32:300. On December 3, 2008, Defendant…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Open Container Law (2026): Statute, Exemptions, Daiquiris
Maryland Code, Criminal Law Article
§ 10-125In forcecited in 2 of our articles
§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.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Also relied on in: Maryland Open Container Law (2026): Statute and Penalty
Maryland Code, Transportation Article
§ 21-903In forcecited in 2 of our articles
§21–903. (a) (1) In this section the following words have the meanings indicated. (2) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for beverage purposes. (3) “Cannabis” has the meaning stated in § 5–101 of the Criminal Law Article. (4) (i) “Passenger area” means an area that: 1. Is designed to seat the driver and any passenger of a motor vehicle while the motor vehicle is in operation; or 2. Is readily accessible to the driver or a passenger of a motor vehicle while in their seating positions. (ii) “Passenger area” does not include: 1. A locked glove compartment; 2. The trunk of a motor vehicle; or 3. If a motor vehicle is not equipped with a trunk, the area behind the rearmost upright seat or an area that is not normally occupied by the driver or a passenger of the motor vehicle. (b) This section applies to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway. (c) A driver of a motor vehicle may not consume an alcoholic beverage, or smoke or consume cannabis, in a passenger area of a motor vehicle on a highway.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Maine Revised Statutes, Title 29-A: MOTOR VEHICLES AND TRAFFIC, Chapter 1: GENERAL PROVISIONS
§ 103Traffic infractionIn forcecited in 2 of our articles
1. Traffic infraction. A traffic infraction is not a crime. The penalty for a traffic infraction may not be deemed for any purpose a penal or criminal punishment. 2. Jury trial. There is no right to trial by jury for a traffic infraction. 3. Exclusive penalty. The exclusive penalty for a traffic infraction is a fine of not less than $25 nor more than $500, unless specifically authorized, or suspension of a license, or both. 4. Standard of proof. The burden of proof that a traffic infraction has occurred is on the State and must be established by a standard of a preponderance of the evidence.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. LaPlante (Supreme Judicial Court of Maine 2011, 26 A.3d 337)“…posted speed limit. "A traffic infraction is not a crime.” 29-A M.R.S. § 103 (2010); but see 29-A M…”
- State v. Chittim (Supreme Judicial Court of Maine 2001, 775 A.2d 381)“…cifically authorized, or suspension of a license, or both.” 29-A M.R.S.A. § 103 (Supp.2000).…”
- State v. Chase (Supreme Judicial Court of Maine 2017, 157 A.3d 1291)“…ablished at trial by a preponderance of the evidence. See 29-A M.R.S. § 103(4) (2016); State v. Jeskey, 2016 ME…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Maine Revised Statutes, Title 29-A: MOTOR VEHICLES AND TRAFFIC, Chapter 19: OPERATION
§ 2112-AOpen container; drinking in a vehicle prohibitedIn forcecited in 2 of our articles
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Alcohol" means spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquors, intended for human consumption that contains more than 1/2 of 1% of alcohol by volume. [PL 1999, c. 293, §3 (NEW).] B. "Open alcoholic beverage container" means a bottle, can or other receptacle that contains any amount of alcohol, and that is open or has a broken seal, or the contents of which are partially removed. [PL 1999, c. 293, §3 (NEW).] C. "Passenger area" means the area designed to seat the operator and passengers while a motor vehicle is in operation and any area readily accessible to the operator or a passenger, including the glove compartment, while in their seating positions. [PL 1999, c. 293, §3 (NEW).] D. "Public way" means a way, including a right-of-way, owned and maintained by the State, a county or a municipality over which the general public has a right to pass. [PL 1999, c. 293, §3 (NEW).] 2. Violation.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at legislature.maine.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State of Maine v. Joshua Martin (Supreme Judicial Court of Maine 2026, 2026 ME 24)“…lic way.” The court 6 See 29-A M.R.S. § 2112-A (2025): 2. Violation. The op…”
- United States v. Pugh (District Court, D. Maine 2002, 223 F. Supp. 2d 325)“…ly civil violations under Maine law. 22 M.R.S.A. § 2383(1); 29-A M.R.S.A. § 2112-A. No evidence was presented to suggest t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Minnesota Statutes, Chapter 609: CRIMINAL CODE
§ 609.02DEFINITIONSIn forcecited in 10 of our articles
Subdivision 1. Crime. "Crime" means conduct which is prohibited by statute and for which the actor may be sentenced to imprisonment, with or without a fine. Subd. 2. Felony. "Felony" means a crime for which a sentence of imprisonment for one year or more may be imposed. Subd. 2a. [Repealed, 1999 c 194 s 11] Subd. 3. Misdemeanor. "Misdemeanor" means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed. Subd. 4. Gross misdemeanor. "Gross misdemeanor" means any crime which is not a felony or misdemeanor. The maximum fine which may be imposed for a gross misdemeanor is $3,000. Subd. 4a. Petty misdemeanor. "Petty misdemeanor" means a petty offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed. Subd. 5. Conviction. "Conviction" means any of the following accepted and recorded by the court: (1) a plea of guilty; or (2) a verdict of guilty by a jury or a finding of guilty by the court. Subd. 6. Dangerous weapon.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 539 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Stewart (Court of Appeals of Minnesota 2019, 923 N.W.2d 668)“…he intentionally inflicted great bodily harm upon B.G.D. Minn. Stat. §§ 609.02 , subd. 10(2), .221, subd. 1 (2014). S…”
- State v. Fleck (Supreme Court of Minnesota 2012, 810 N.W.2d 303)“…itted two forms of assault to the jurors: (1) assault-fear, Minn.Stat. § 609.02, subd. 10(1) (2010) (prohibiting an act…”
- State v. Vance (Supreme Court of Minnesota 2007, 734 N.W.2d 650)“…iction of or attempt to inflict bodily harm upon another. Minn.Stat. § 609.02, subd. 10 (2004). 4 The statute furthe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Hit and Run Laws: Penalties and What to Do, Minnesota Window Tint Laws (2026): Legal VLT Limits, Minnesota Recording Laws (2026): One-Party Consent Rules
Revised Statutes of Missouri, Title XXXVIII (CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS), Chapter 577
§ 577.017Consumption of alcoholic beverages while driving — penalty.In forcecited in 2 of our articles
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.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at revisor.mo.gov
Also relied on in: Missouri Open Container Law (2026): Driver-Consumption Only
Montana Code Annotated, Title 61
§ 61-8-1026Unlawful Possession Of Open Alcoholic Beverage Container In Motor Vehicle On HighwayIn forcecited in 2 of our articles
61-8-1026. Unlawful possession of open alcoholic beverage container in motor vehicle on highway. (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.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at mca.legmt.gov
Also relied on in: Montana Open Container Law (2026): Possession Ban Explained
New York Vehicle and Traffic Law
§ 1227Consumption or possession of alcoholic beverages in certain motor vehiclesIn forcecited in 2 of our articles
Consumption or possession of alcoholic beverages in certain motor vehicles. 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.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 45 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Robinson (Appellate Division of the Supreme Court of the State of New York 2015, 134 A.D.3d 1538)“…cause to stop the vehicle based on defendant’s violation of Vehicle and Traffic Law § 1227 (1), which prohibits the “drinking of a…”
- People v. Moreno (Joaquin) (Appellate Terms of the Supreme Court of New York 2020, 70 Misc. 3d 10)“…verage in a motor vehicle located upon the public highways (Vehicle and Traffic Law § 1227 [1]), a traffic infraction, and consump…”
- People v. Galindo (New York Court of Appeals 2026, 2026 NY Slip Op 00965)“…App Term, 2d Dept, 2nd, 11th, & 13th Jud Dists 2023]; see Vehicle and Traffic Law § 1227 [1]; id. § 509 [1]). A Judge of this…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Open Container Law (2026): VTL Section 1227
Ohio Revised Code
§ 2929.28Financial sanctions - misdemeanorIn forcecited in 4 of our articles
(A) In addition to imposing court costs pursuant to section 2947.23 of the Revised Code, the court imposing a sentence upon an offender for a misdemeanor, including a minor misdemeanor, may sentence the offender to any financial sanction or combination of financial sanctions authorized under this…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 251 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Aguirre (Slip Opinion) (Ohio Supreme Court 2014, 144 Ohio St. 3d 179)“…929.18(A)(1) for felonies) and 3922 (deleting language from R.C. 2929.28(A)(1) for nonfelonies). Give…”
- State v. Johnson (Ohio Court of Appeals 2005, 164 Ohio App. 3d 792)“…of financial sanctions in misdemeanor cases is governed by R.C. 2929.28. Nevertheless, defendant’s complaint ab…”
- State v. Yerkey (Ohio Supreme Court 2022, 171 Ohio St. 3d 367)“…ere statutes governing restitution. See R.C. 2929.18(A)(1); R.C. 2929.28(A)(1). In each of those provisions, the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Windshield Mounting Laws (2026 Guide), Ohio Age of Consent Laws: Statutes, Penalties and Reporting, Ohio Open Container Law (2026): R.C. Section 4301.62 Explained
§ 4301.62Opened container of beer or intoxicating liquor prohibited at certain premisesIn forcecited in 2 of our articles
(A) As used in this section: (1) "Chauffeured limousine" means a vehicle registered under section 4503.24 of the Revised Code. (2) "Street," "highway," and "motor vehicle" have the same meanings as in section 4511.01 of the Revised Code.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 100 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Hoyt v. Heindell (Ohio Court of Appeals 2010, 191 Ohio App. 3d 373)“…by violating a duty of care, protection, or support.” See R.C. 4301.62 and 4301.64. There is no evidence that…”
- State v. Van Dyne (Ohio Court of Appeals 1985, 26 Ohio App. 3d 95)“…ourt finding him guilty on his no contest plea of violating R.C. 4301.62. The undisputed facts indicate t…”
- State v. Johns (Ohio Court of Appeals 1993, 90 Ohio App. 3d 456)“…of possession of an open container of beer in violation of R.C. 4301.62(B)(4). Johns’s truck was seized and the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 4301.99PenaltyIn forcecited in 2 of our articles
(A) Whoever violates section 4301.47, 4301.48, 4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 or division (B) of section 4301.691 of the Revised Code is guilty of a minor misdemeanor.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Lesnau v. Andate Enterprises, Inc. (Ohio Supreme Court 2001, 93 Ohio St. 3d 467)“…301.69 may result in administrative and criminal penalties. R.C. 4301.99. Contrary to the appellate court’s anal…”
- City of Cleveland v. Scott (Ohio Court of Appeals 1983, 8 Ohio App. 3d 358)“…is apparently not being appealed. Its penalty provision, R.C. 4301.99(C), classifies such a violation as a mi…”
- State v. Barnes (Ohio Court of Appeals 2023, 2023 Ohio 353)“…ts 9-10), a misdemeanor in violation of R.C. 4301.69(A) and R.C. 4301.99(I). {¶3} The charges were tr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Pennsylvania Consolidated Statutes Title 75 (Vehicles)
§ 6502Summary offensesIn forcecited in 6 of our articles
(a) Violations of this title.--It is a summary offense for any person to violate any of the provisions of this title unless the violation is by this title or other statute of this Commonwealth declared to be a misdemeanor or felony. Every person convicted of a summary offense for a violation of any of the provisions of this title for which another penalty is not provided shall be sentenced to pay a fine of $25. (b) Violations of regulations.--It is a summary offense for a person to violate any provision of any regulation promulgated under the authority of this title. A person convicted of violating any provision of a regulation promulgated under the authority of this title shall pay the fine established in the section of this title on which the regulation is based or, if no fine is established in that section of this title, the fine shall be $25. (c) Title 18 inapplicable.--Title 18 (relating to crimes and offenses), insofar as it relates to fines and imprisonment for convictions of summary offenses, is not applicable to this title.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Commonwealth v. McGinnis (Supreme Court of Pennsylvania 1986, 511 Pa. 520)“…the summary conviction instead of the mandatory $25.00 (see 75 Pa.C.S. 6502(b), now part of 75 Pa.C.S. 6502(a)). Th…”
- Commonwealth v. Samuels (Supreme Court of Pennsylvania 2001, 566 Pa. 109)“…se punishable solely by the imposition of a $25 fine. See 75 Pa.C.S. § 6502. Pursuant to the MPC and Section 305(a)…”
- Commonwealth v. Soboleski (Superior Court of Pennsylvania 1992, 421 Pa. Super. 311)“…his Commonwealth declared to be a misdemeanor or a felony." 75 Pa.C.S. § 6502(a). The underlying offense here, a sect…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Pennsylvania Windshield Mounting Laws (2026 Guide), Pennsylvania Open Container Law (2026): Statute and Penalty, Pennsylvania Window Tint Laws (2026): Legal VLT Limits
Utah Code, Title 41: Motor Vehicles
§ 41-6a-526Drinking alcoholic beverage and open containers in motor vehicle prohibited -- Definitions -- Exceptions.In forcecited in 2 of our articles
(1) As used in this section: (a) "Alcoholic beverage" has the same meaning as defined in Section 32B-1-102. (b) "Chartered bus" has the same meaning as defined in Section 32B-1-102. (c) "Limousine" has the same meaning as defined in Section 32B-1-102. (d) (i) "Passenger compartment" means the area of the vehicle normally occupied by the operator and passengers. (ii) "Passenger compartment" includes areas accessible to the operator and passengers while traveling, including a utility or glove compartment. (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. (e) "Waters of the state" has the same meaning as defined in Section 73-18-2. (2) A person may not drink an alcoholic beverage while operating a golf cart, a motor vehicle, a motor assisted scooter, or an electric assisted bicycle, or while a passenger in a motor vehicle, whether the vehicle is moving, stopped, or parked on any highway or waters of the state.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at le.utah.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Perkins (Court of Appeals of Utah 2024, 554 P.3d 363)“…drinking alcohol is a criminal offense under Utah law. See Utah Code Ann. § 41-6a-526(2) (LexisNexis 2020) (prohibiting an in…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Open Container Law (2026): Rules, Exemptions, Penalty
Vermont Statutes Annotated, Title 23: Motor Vehicles, Chapter 13: Operation of Vehicles, Subchapter: MISCELLANEOUS RULES
§ 1134Motor vehicle operator; consumption or possession of alcohol or cannabisIn forcecited in 2 of our articles
(a) A person shall not consume an alcoholic beverage or cannabis while operating a motor vehicle on a public highway. As used in this subsection, the prohibition on consumption of cannabis by the operator shall extend to the operator’s consumption of secondhand cannabis smoke in the vehicle as a result of another person’s consumption of cannabis. (b) A person operating a motor vehicle on a public highway shall not possess any open container that contains an alcoholic beverage or cannabis in the passenger area of the motor vehicle. (c) As used in this section: (1) “Alcoholic beverage” shall have the same meaning as “alcohol” as defined in section 1200 of this title. (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.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- Sandra Baird and Jared Carter (Supreme Court of Vermont 2016, 201 Vt. 112)“…condition as one of the elements of [an] offense”); but see 23 V.S.A. § 1134 (prohibiting possession of open alcohol…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Vermont Open Container Law (2026): Operator and Passenger Rules
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Sources and References
- 23 U.S.C. 154, Open Container Requirements(law.cornell.edu)
- 23 CFR 1270.4, Compliance criteria(law.cornell.edu)
- FHWA Notice N4510.905, Apportionment of Federal-Aid Highway Program Funds for Fiscal Year 2026(highways.dot.gov).gov
- Conn. Gen. Stat. § 53a-213 (Connecticut)(cga.ct.gov).gov
- 21 Del. C. § 4177J (Delaware)(delcode.delaware.gov).gov
- Mo. Rev. Stat. § 577.017 (Missouri)(revisor.mo.gov).gov
- Va. Code Ann. § 18.2-323.1 (Virginia)(law.lis.virginia.gov).gov
- AS 28.35.029 (Alaska)(akleg.gov).gov
- Tenn. Code Ann. § 55-10-416 (Tennessee)(capitol.tn.gov).gov
- R.I. Gen. Laws § 31-22-21.1 (Rhode Island)(webserver.rilegislature.gov).gov
- Wyo. Stat. Ann. § 31-5-235 (Wyoming)(wyoleg.gov).gov
- 21 Okla. Stat. § 1220 (Oklahoma)(oklegislature.gov).gov
- Iowa Code §§ 321.284 and 321.284A (Iowa)(legis.iowa.gov).gov
- KRS § 189.530(2) (Kentucky)(apps.legislature.ky.gov).gov
- La. R.S. § 32:300 (Louisiana)(legis.la.gov).gov
- N.D.C.C. § 39-08-18 (North Dakota)(ndlegis.gov).gov
- ORS 811.170 (Oregon)(oregonlegislature.gov).gov
- Mass. Gen. Laws ch. 90, § 24I (Massachusetts)(malegislature.gov).gov
- N.Y. Vehicle & Traffic Law § 1227 (New York)(legislation.nysenate.gov).gov
- R.C. § 4301.62 (Ohio)(codes.ohio.gov).gov
- C.R.S. § 42-4-1305 (Colorado)(olls.info)
- Fla. Stat. § 316.1936 (Florida)(leg.state.fl.us).gov
- N.C.G.S. § 20-138.7 (North Carolina)(ncleg.gov).gov
- Mont. Code Ann. § 61-8-1026 (Montana)(mca.legmt.gov).gov
- Haw. Rev. Stat. § 291-3.1 (Hawaii)(capitol.hawaii.gov).gov
- Haw. Rev. Stat. §§ 291-3.2 to 291-3.4 (Hawaii)(capitol.hawaii.gov).gov
- 29-A M.R.S. § 2112-A (Maine)(legislature.maine.gov).gov
- Mississippi Code (official Lexis-hosted portal, not independently searchable this research)(sos.ms.gov).gov
- 23 V.S.A. §§ 1134 and 1134a (Vermont)(legislature.vermont.gov).gov
- K.S.A. § 8-1599 (Kansas)(ksrevisor.gov).gov
- NMSA 1978, § 66-8-138 (New Mexico)(nmonesource.com)
- Utah Code § 41-6a-526 (Utah)(le.utah.gov).gov
- Ala. Code § 32-5A-330 (Alabama)(alison.legislature.state.al.us).gov
- Md. Code Ann., Criminal Law § 10-125 - Alcoholic beverages in motor vehicles(mgaleg.maryland.gov).gov
- Md. Code Ann., Transportation Article § 21-903 - Driver's separate ban on consuming alcohol in the passenger area(mgaleg.maryland.gov).gov
- Ind. Code § 9-30-15-3 (open container prohibition, exemptions, and Class C infraction penalty)(iga.in.gov).gov
- Ind. Code § 9-30-15-4 (operator consumption of an alcoholic beverage while operating, Class B infraction)(iga.in.gov).gov
- N.J.S.A. 39:4-51b - Possession of open alcoholic beverage container in motor vehicle(lis.njleg.state.nj.us)
- N.J.S.A. 39:4-51a - Consuming alcoholic beverage or cannabis item while operating a motor vehicle(lis.njleg.state.nj.us)
- 75 Pa.C.S. § 6502 - Summary offenses (default $25 Vehicle Code summary-offense fine; Title 18 fine/imprisonment provisions inapplicable)(palegis.us)
- R.C. § 4301.99(A) (Ohio) - Penalties; confirms Section 4301.62 violation is a minor misdemeanor(codes.ohio.gov).gov
- R.C. § 2929.28(A)(2)(a)(v) (Ohio) - Maximum minor misdemeanor fine ($150)(codes.ohio.gov).gov
- Minn. Stat. § 609.02, subd. 3 (Minnesota) - Misdemeanor defined (90-day/$1,000 statutory maximum)(revisor.mn.gov).gov
- Cal. Veh. Code § 23229 (California) - Exemption for passengers of licensed buses, taxicabs, limousines, and pedicabs, and housecar/camper living quarters(leginfo.legislature.ca.gov).gov
- 23 CFR § 1270.6 - State deadline to notify FHWA how it will split withheld/transferred funds(law.cornell.edu)