California
California Open Container Law (2026): The Full Rule
Independently fact-checked against primary sources (last audited September 23, 2026). · 7 primary sources cited on this page. How we verify our legal content
California bans drinking alcohol while a vehicle is being driven, and separately bans possessing an open container while a vehicle is on a highway or certain off-highway lands, whether or not the vehicle is moving, for the driver and every passenger, split across several linked Vehicle Code sections: Section 23221 (drinking), Section 23222 (a driver's on-person possession), Section 23223 (driver-and-passenger possession), Section 23226 (keeping a container in the passenger compartment), and Section 23225 (the registered owner's storage duty). As of September 2026, this reflects the sections' current text.
Jurisdiction scope: This article addresses California's state open container law, covering driver and passenger drinking and possession, under Vehicle Code Sections 23221, 23222, 23223, 23225, 23226, and 23229. It does not address DUI charges, local city or county ordinances, or rules for boats. For California's separate DUI penalties, see California DUI laws.
What California's Open Container Law Prohibits
California splits its open container rule across several Vehicle Code sections instead of one. Section 23221 bans drinking: a driver "shall not drink any alcoholic beverage ... while driving a motor vehicle upon a highway," and a passenger "shall not drink any alcoholic beverage ... while in a motor vehicle being driven upon a highway." A violation of Section 23221 is an infraction.
Separately, Section 23223 bans a driver or a passenger from having an open alcoholic beverage container in their possession while the vehicle is on a highway or on certain off-highway lands defined in Section 23220(c). Section 23222 adds a narrower rule aimed only at the driver: it bans carrying an open container in their possession on their own person while driving on a highway or on those same off-highway lands.
Section 23226 addresses where the container sits rather than who is carrying it: while the vehicle is on a highway or on those same off-highway lands, it is unlawful for a driver to keep an open container in the passenger compartment, and a parallel provision extends the same duty to a passenger, with an exclusion for the living quarters of a housecar or camper.
Who the Law Applies To
The drinking ban in Section 23221 and the possession bans in Sections 23223 and 23226 all reach both the driver and every passenger. There is no exemption for a passenger simply because they are not driving. Section 23222's on-your-person possession rule is narrower and applies only to the driver.
The Registered Owner's Storage Duty
Vehicle Code Section 23225 puts a further duty on the vehicle's registered owner, and on the driver when the owner is not present, while the vehicle is on a highway or on certain off-highway lands defined in Section 23220(c): any open alcoholic beverage container must be kept in the trunk. In a vehicle with no trunk, the container must go in an area not normally occupied by the driver or passengers, and a glove compartment or another utility compartment does not qualify as that area. That trunkless rule applies to an ordinary vehicle; a trunkless off-highway motor vehicle subject to identification instead has to keep the container in a locked container, meaning a container fully enclosed and secured by a padlock, key lock, combination lock, or similar locking device. Section 23225 does not apply to the living quarters of a housecar or camper.
Exemptions
Vehicle Code Section 23229 is California's actual exemption section for vehicle occupants. Except as provided in Section 23229.1, it excuses a passenger, but not the driver, from the Section 23221 drinking ban and the Section 23223 possession ban if the passenger is riding in:
- A bus, taxicab, or limousine for hire licensed to transport passengers under the Public Utilities Code or proper local authority.
- A pedicab.
- The living quarters of a housecar or camper.
Section 23229 also exempts the driver or owner of one of these vehicles from the Section 23225 storage duty.
Penalties
A violation of California's open container statutes is charged as an infraction, the state's default classification for Vehicle Code violations. California's Uniform Bail and Penalty Schedule sets the exact base fine amount for infractions, and that specific dollar figure was not independently confirmed for this page; readers who need the current amount should check the schedule for the county where the citation was issued.
How California's Law Fits the Federal Open Container Standard
Federal law, 23 U.S.C. Section 154, ties a small share of a state's highway funding to having an open container law that meets a set of minimum elements: banning both possession and consumption, covering the whole vehicle's passenger area, reaching every occupant (driver and passengers alike), and applying on public highways with primary enforcement. A state that does not meet those elements has 2.5 percent of certain federal highway apportionments reserved, and then, in the proportions the state elects, released for eligible highway-safety-improvement activities or transferred to the state's Highway Safety Program, under FHWA's annual apportionment notice.
California's linked statutes ban both drinking (Section 23221) and possession (Sections 23222, 23223, and 23226), cover the driver and every passenger, and apply on public highways, so California is not on FHWA's list of non-conforming states for fiscal year 2026 (FHWA Notice N4510.905, dated October 1, 2025).
For how this rule compares with every other state, see the open container laws by state comparison.
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
Can a passenger legally drink alcohol in a car in California?
Not usually. Vehicle Code Section 23221(b) bars a passenger, as well as the driver, from drinking any alcoholic beverage while the vehicle is being driven on a highway. The exception is a passenger riding in a licensed bus, taxicab, limousine-for-hire, or pedicab, or in the living quarters of a housecar or camper, who is exempt under Section 23229.
Does California's open container law apply to RVs and campers?
The general drinking and possession bans apply, but several sections carve out the living quarters of a housecar or camper: Section 23225 does not require the registered owner to store a container in the trunk there, Section 23226 does not require the driver or a passenger to keep a container out of that space, and Section 23229 exempts an occupant of the living quarters from the drinking and possession bans entirely.
Can I put an open container in the glove compartment instead of the trunk?
Only if the vehicle has no trunk at all, and even then a glove compartment does not qualify. Under Vehicle Code Section 23225, the registered owner, or the driver when the owner isn't present, must keep an open container in the trunk; in a trunkless vehicle it must go in an area not normally occupied by the driver or passengers, which the statute does not treat a glove or utility compartment as satisfying. A trunkless off-highway motor vehicle subject to identification is the one exception: for that vehicle, the container must instead be kept in a locked container.
Is California's open container law a separate charge from a DUI?
Yes. A violation of Vehicle Code Sections 23221, 23222, 23223, or 23226 is its own infraction and is charged separately from a DUI offense, though both can arise from the same traffic stop.
Updates
Independently fact-checked against the cited primary sources
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.
California Vehicle Code
§ 23223In force
(a) A driver shall not have in the driver’s possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed. (b) A passenger shall not have in the passenger’s possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 23221In force
(a) A driver shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle upon a highway. (b) A passenger shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while in a motor vehicle being driven upon a highway. (c) A violation of this section shall be punished as an infraction.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2012
Opinions citing this section in our collection:
- Sulla v. Board of Registered Nursing (California Court of Appeal 2012, 205 Cal. App. 4th 1195)“…subd. (f)), drinking while a passenger in a motor vehicle (Veh. Code, § 23221, subd. (b)) or having an open container…”
- People v. McCloskey (Appellate Division of the Superior Court of California 1990, 226 Cal. App. Supp. 3d 5)“…s to drinking while driving a motor vehicle upon a highway; Vehicle Code section 23221, drinking in a motor vehicle upon a hig…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 23222In force
(a) A person shall not have in their possession on their person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, a bottle, can, or other receptacle, containing an alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed. (b) (1) Except as authorized by law, a person who has in their possession on their person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, a receptacle containing cannabis or cannabis products, as defined by Section 11018.1 of the Health and Safety Code, which has been opened or has a seal broken, or loose cannabis flower not in a container, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). (2) Paragraph (1) does not apply to a person who has a receptacle containing cannabis or cannabis products that has been opened, has a seal broken, or the contents of which have been partially removed, or to a person who has a loose cannabis flower not in a container, if the receptacle or loose cannabis flower not in a container is in the trunk of the vehicle.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 39 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- City of Garden Grove v. Superior Court (California Court of Appeal 2007, 68 Cal. Rptr. 3d 656)“…possessing less than one ounce of the drug while driving. (Veh. Code, § 23222, subd. (b).) They also cited him for ru…”
- People v. Fews (California Court of Appeal, 5th District 2018, 238 Cal. Rptr. 3d 337)“…or while in possession of an open container of marijuana ( Veh. Code, § 23222, subd. (b)(1) ; People v. McCloskey (…”
- Sellers v. Super. Ct. (California Court of Appeal 2024)“…e marijuana observed by the officers was “contraband” under Vehicle Code section 23222, subdivision (b). After defend…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 23226In forcecited in 2 of our articles
(a) It is unlawful for any driver to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed. (b) It is unlawful for any passenger to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed. (c) This section does not apply to the living quarters of a housecar or camper.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- People v. Souza (California Court of Appeal 1993, 15 Cal. App. 4th 1646)“…ontainer in the passenger compartment of the vehicle.” (See Veh. Code, § 23226.) We go one step further and agree with…”
- People v. McCloskey (Appellate Division of the Superior Court of California 1990, 226 Cal. App. Supp. 3d 5)“…ction 23225, storage of an open container in a vehicle; and Vehicle Code section 23226, keeping an open container in the passe…”
- Davis v. App. Div. of the Superior Court (California Court of Appeal 2018)“…(b)) and having an open container of alcohol in his car (Veh. Code, § 23226). 2. The Motion to Suppress…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Get a DUI in a Self-Driving Car or Waymo? (2026)
§ 23225In force
(a) (1) It is unlawful for the registered owner of any motor vehicle to keep in a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, unless the container is kept in the trunk of the vehicle. (2) If the vehicle is not equipped with a trunk and is not an off-highway motor vehicle subject to identification, as defined in Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in some other area of the vehicle that is not normally occupied by the driver or passengers. For the purposes of this paragraph, a utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. (3) If the vehicle is not equipped with a trunk and is an off-highway motor vehicle subject to identification, as defined in subdivision (a) of Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in a locked container.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- People v. Souza (California Court of Appeal 1993, 15 Cal. App. 4th 1646)“…wledges that this argument “turn[s] upon the application of Vehicle Code section 23225,” which states, in part, that it is unl…”
- People v. McCloskey (Appellate Division of the Superior Court of California 1990, 226 Cal. App. Supp. 3d 5)“…olic beverage in a vehicle by a person under the age of 21; Vehicle Code section 23225, storage of an open container in a vehi…”
- People v. Robles CA1/3 (California Court of Appeal 2025)“…Code. (Souza, supra, 15 Cal.App.4th at pp. 1651– 1653; see Veh. Code, § 23225 [prohibiting open container of alcoholi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 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: Open Container Laws by State (2026): Passengers, Exemptions, Penalties
§ 23220In force
(a) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle on any lands described in subdivision (c). (b) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while riding as a passenger in any motor vehicle being driven on any lands described in subdivision (c). (c) As used in this section, “lands” means those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001. (d) A violation of subdivision (a) or (b) shall be punished as an infraction.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- People v. Fews (California Court of Appeal, 5th District 2018, 238 Cal. Rptr. 3d 337)“…enger of a motor vehicle from smoking marijuana, and former Vehicle Code sections 23220 and 23221 only made it illegal for pass…”
- People v. McCloskey (Appellate Division of the Superior Court of California 1990, 226 Cal. App. Supp. 3d 5)“…heme for offenses involving alcohol and drugs. For example, Vehicle Code section 23220 applies to drinking while driving a mot…”
- People v. Taylor (California Court of Appeal 2021)“…ighways or specified lands is punishable as an infraction. (Veh. Code, §§ 23220, 23221.) However, nothing in the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 23229.1In force
(a) Subject to subdivision (b), Sections 23223 and 23225 apply to any driver providing transportation services on a prearranged basis as a charter-party carrier of passengers, as defined in Section 5360 of the Public Utilities Code, when the driver of the vehicle transports any passenger under 21 years of age and fails to comply with the requirements of Section 5384.1 of the Public Utilities Code. (b) For purposes of subdivision (a), it is not a violation of Section 23225 for any driver providing transportation services on a prearranged basis as a charter-party carrier of passengers that is licensed pursuant to the Public Utilities Code to keep any bottle, can, or other receptacle containing any alcoholic beverage in a locked utility compartment within the area occupied by the driver and passengers.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
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
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Cal. Veh. Code § 23221 - Drinking alcoholic beverage while driving or riding (driver and passenger)(leginfo.legislature.ca.gov).gov
- Cal. Veh. Code § 23222 - Possession of open container on driver's person while driving(leginfo.legislature.ca.gov).gov
- Cal. Veh. Code § 23223 - Possession of open alcoholic beverage container by driver or passenger(leginfo.legislature.ca.gov).gov
- Cal. Veh. Code § 23225 - Registered owner's (and driver's) duty to store open containers in the trunk(leginfo.legislature.ca.gov).gov
- Cal. Veh. Code § 23226 - Keeping an open container in the passenger compartment (driver and passenger)(leginfo.legislature.ca.gov).gov
- Cal. Veh. Code § 23229 - Exemption for passengers of licensed buses, taxicabs, limousines, and pedicabs, and housecar/camper living quarters(leginfo.legislature.ca.gov).gov
- 23 U.S.C. § 154(a) - Open container requirements(law.cornell.edu)
- FHWA Notice N4510.905 - FY2026 Apportionment of Federal-Aid Highway Program Funds (open container non-conforming states list)(highways.dot.gov).gov