Alabama

Alabama Open Container Law (2026): The $25 Fine and No-Points Rule

Independently fact-checkedBy Recording Law Editorial TeamPublished September 17, 2026Reviewed September 24, 20264 min read

Independently fact-checked against primary sources (last audited September 17, 2026). · 2 primary sources cited on this page. How we verify our legal content

Alabama Open Container Law (2026): The $25 Fine and No-Points Rule

Key Takeaways

1Ala. Code 32-5A-330 bans possessing an open alcohol container in the passenger area of any motor vehicle on a public highway or its right-of-way, and the ban covers the driver and every passenger.
2The statute bans possession only. It does not contain a separate clause banning consumption of alcohol inside the vehicle.
3Seven exemptions apply, covering situations like a trunk or cargo area, a for-hire vehicle with a CDL driver, a self-contained camper or motor home, and a vehicle parked or stationary with the engine not running, except while parked on the highway right-of-way itself.
4A conviction is a Class C misdemeanor with a fine of not more than $25. The law expressly states it is not a moving violation and does not add points to a driver's license.
5Alabama is not on FHWA's list of states with a non-conforming open container law for federal fiscal year 2026.

Alabama bans both the driver and every passenger from having an open container of alcohol in the passenger area of a vehicle on a public highway or its right-of-way, under Ala. Code § 32-5A-330. The maximum penalty is a $25 fine, and the law states plainly that a conviction is not a moving violation and adds no points to a driver's license. This reflects the statute's text as of September 2026.

Jurisdiction scope: This page covers Alabama state law only, specifically Ala. Code § 32-5A-330. It does not cover local municipal ordinances, which may add different rules in specific cities, or Alabama's separate DUI statutes.

What Alabama's open container law prohibits

Alabama's statute reads: "It is unlawful for a person to have in his or her possession alcoholic beverages in an open container in the passenger area of a motor vehicle of any kind on a public highway or right-of-way of a public highway of this state." The ban covers the driver and any passenger, and it applies to "a motor vehicle of any kind," not just cars.

Closed glove compartment with a small key hanging from its lock

The offense is possession-based. The section does not contain a separate clause making it illegal to drink alcohol inside the vehicle, only to possess an open container in the passenger area. A vehicle that is parked or stationary with the engine not running is exempt from the passenger-area rule, except when that parked vehicle sits on the highway right-of-way itself, such as the shoulder of a road.

Exemptions to Alabama's open container law

Seven situations fall outside the possession ban:

open container - passengers and containers

A passenger riding in a for-hire vehicle with a commercially licensed (CDL) driver.
A passenger riding on a bus with a CDL driver.
A passenger in a self-contained camper, motor home, house coach, or house trailer.
An open container stored in a vehicle trunk, storage, or luggage compartment, or in a truck bed, storage, or cargo compartment.
A locked case that is not readily accessible, placed behind the front seat of a pickup truck that has no trunk or separate enclosed area other than the cab.
A driver who has no knowledge of, and no access to, an open container in the passenger area of the vehicle.
A vehicle that is parked or stationary with the engine not running, unless it is parked on the highway right-of-way.

Penalty for an Alabama open container violation

A violation is a Class C misdemeanor. The statute caps the fine at $25 and bars any assessment of court costs on top of it. Alabama's law also states directly that a conviction does not count as a moving violation and has no effect on a driver's license points, which sets it apart from many other traffic offenses in the state.

open container - opened containers

How Alabama's law fits the federal open container framework

Federal law, 23 U.S.C. § 154, conditions a small share of a state's highway funding on having an open container law that meets specific requirements, including a ban on both possession and consumption that reaches every vehicle occupant. Alabama's statute as written bans possession but does not include a standalone consumption clause. Even so, Alabama does not appear on FHWA's current list of non-conforming states: the agency's fiscal year 2026 apportionment notice names twelve states with laws that fall short of the federal standard, and Alabama is not one of them.

Disclaimer: This article provides general legal information about Alabama's open container law as of September 2026. It is not legal advice. Consult a lawyer licensed in Alabama 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

Can a passenger drink alcohol in a car in Alabama?

Alabama's statute bans possessing an open alcohol container in the passenger area, and that ban applies to passengers as well as the driver. The section as written does not add a separate rule against the act of drinking itself, but simply holding an open container in the passenger area is already the offense, whether or not anyone is actively drinking from it.

Is it illegal to have an open container in a parked car in Alabama?

Not usually. A vehicle that is parked or stationary with the engine not running is exempt from the open container rule. The one exception is a vehicle parked on the highway right-of-way itself, such as the shoulder, where the rule still applies.

Does Alabama's open container law apply to RVs and buses?

Passengers are exempt in two vehicle types: a self-contained camper, motor home, house coach, or house trailer, and a for-hire vehicle or bus operated by a CDL-licensed driver. The driver in these vehicles is still bound by the general possession ban.

Can I keep an open container in my trunk in Alabama?

Yes. A vehicle trunk, storage, or luggage compartment, and a truck bed, storage, or cargo compartment, are exempt from the passenger-area rule. In a pickup truck with no trunk, a locked case that is not readily accessible, placed behind the front seat, serves the same purpose.

What is the fine for an open container violation in Alabama?

The maximum fine is $25, and the statute bars any additional court costs. A conviction is a Class C misdemeanor, but Alabama law specifically says it is not a moving violation and does not add points to a driver's license.

Updates

September 24, 2026

Clarified that Alabama's storage-area exemption also covers a truck bed, storage, or cargo compartment, as stated in Ala. Code 32-5A-330(c)(4).

September 17, 2026

Independently fact-checked against the cited primary sources

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.

Code of Alabama 1975, Title 32: Motor Vehicles and Traffic.

§ 32-5A-330Definitions; Applicability; Violations.In force

(a) As used in this section, the following terms are defined: (1) OPEN CONTAINER. A container which is other than in the manufacturer’s sealed condition. (2) PUBLIC HIGHWAY or RIGHT-OF-WAY OF A PUBLIC HIGHWAY. The entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way when any part is open to the use of the public for purposes of motor vehicle travel. (b) It is unlawful for a person to have in his or her possession alcoholic beverages in an open container in the passenger area of a motor vehicle of any kind on a public highway or right-of-way of a public highway of this state. (c) This section shall not apply to: (1) A passenger of a motor vehicle designed, maintained, or primarily used for the transportation of persons for compensation and the driver holds a valid commercial driver’s license. (2) A passenger of a bus for which the driver holds a valid commercial driver’s license. (3) A passenger of a motorized or non-motorized self-contained camper, motor home, house coach, or house trailer.

Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at alison.legislature.state.al.us

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…”