Connecticut
Connecticut Open Container Law (2026): No Possession Ban
Independently fact-checked against primary sources (last audited September 23, 2026). · 3 primary sources cited on this page. How we verify our legal content
Connecticut has no law against simply having an open alcoholic beverage container in a vehicle. The state's only related rule, Conn. Gen. Stat. Section 53a-213, bans the driver from drinking alcohol while operating a motor vehicle; it does not reach mere possession by the driver or a passenger. As of September 2026, that remains the current state of Connecticut law.
Jurisdiction scope: This article addresses Connecticut's state open container law under Conn. Gen. Stat. Section 53a-213. It does not address DUI charges or local ordinances. For Connecticut's separate DUI penalties, see Connecticut DUI laws.
What Connecticut's Law Actually Bans
Section 53a-213 is a driver-only drinking offense, not a possession offense. It bans a driver from drinking an alcoholic beverage while operating a motor vehicle upon a public highway of the state, a road of a specially chartered municipal association or certain districts, any parking area for ten cars or more, a private road on which a speed limit has been established under Section 14-218a or 14-307a, or upon school property. It does not use a "passenger area" concept the way most other states' open container statutes do, and it does not ban having an open, unsealed container in the vehicle if no one is actually drinking from it.
Why There's No Possession Offense
Connecticut has no companion statute that bans the driver or a passenger from simply possessing an open alcoholic beverage container. The one adjacent provision, Section 14-111a, banned open-container possession by a person under 21, but it was repealed in 2010 and does not survive in current law. That leaves Connecticut without any general open-container possession offense for an adult driver or passenger.
Penalty
A violation of Section 53a-213 is a class C misdemeanor. The section's own text does not specify a fine amount, but Connecticut's general misdemeanor sentencing statutes do: C.G.S. Section 53a-36(3) authorizes up to three months in jail for a class C misdemeanor, and Section 53a-42(3) authorizes a fine of up to $500.
Why Connecticut Is on the Federal Non-Conforming List
Federal law, 23 U.S.C. Section 154, ties a share of a state's highway funding to having an open container law that bans both possession and consumption for every occupant of a vehicle. Because Connecticut's law reaches only the driver's act of drinking, and does not ban possession by the driver or a passenger, Connecticut is one of 12 states FHWA has determined do not meet that standard for fiscal year 2026 (FHWA Notice N4510.905, dated October 1, 2025). Connecticut 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.
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
Is it illegal for a passenger to have an open container of alcohol in Connecticut?
No. Connecticut has no statute banning possession of an open alcoholic beverage container by a passenger; its only related law, Conn. Gen. Stat. Section 53a-213, bans only the driver from drinking while operating the vehicle. A local municipality may still have its own ordinance, and open alcohol in the vehicle remains evidence a trooper can use in an impaired-driving investigation of the driver.
Can a passenger drink alcohol while someone else drives in Connecticut?
Connecticut's open-container statute does not bar a passenger from drinking; it only bans the driver from drinking while operating the vehicle. A local municipality may still have its own ordinance, and open alcohol in the vehicle remains evidence a trooper can use in an impaired-driving investigation of the driver.
Why is Connecticut on the federal open container non-compliance list?
Federal law under 23 U.S.C. Section 154 requires a state's open container law to ban both possession and consumption for every vehicle occupant. Connecticut's law bans neither possession, for the driver or a passenger, nor a passenger's own drinking, so FHWA lists it as non-conforming for fiscal year 2026.
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.
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: Open Container Laws by State (2026): Passengers, Exemptions, Penalties
§ 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.
§ 53a-42Fines for misdemeanors.In force
A fine for the conviction of a misdemeanor shall, unless the section of the general statutes that defines or provides the penalty for the crime specifically provides otherwise, be fixed by the court as follows: (1) For a class A misdemeanor, an amount not to exceed two thousand dollars; (2) for a class B misdemeanor, an amount not to exceed one thousand dollars; (3) for a class C misdemeanor, an amount not to exceed five hundred dollars; (4) for a class D misdemeanor, an amount not to exceed two hundred fifty dollars; and (5) for an unclassified misdemeanor, an amount in accordance with the fine 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 5 court opinions in our collectionLatest citing opinion in our collection: 2002
Opinions citing this section in our collection:
- State v. Indrisano (Supreme Court of Connecticut 1994, 228 Conn. 795)“…ion of the general statutes that defines the crime.” General Statutes § 53a-42 provides: “A fine for the conviction of…”
- State v. Floyd (Supreme Court of Connecticut 1991, 217 Conn. 73)“…class A misdemeanor is punishable by a fine of up to $1000; General Statutes § 53a-42; and by imprisonment for a term not to…”
- State v. McCahill (Supreme Court of Connecticut 2002, 261 Conn. 492)“…section of the general statutes that defines the crime.” General Statutes § 53a-42 provides: “A fine for the conviction of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Connecticut General Statutes, Title 14 (Motor Vehicles. Use of the Highway By Vehicles. Gasoline), Chapter 246
§ 14-111aPossession of alcoholic liquors in motor vehicles by underage persons.Repealed
Section 14-111a is repealed, effective July 1, 2010.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at cga.ct.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 1999
Opinions citing this section in our collection:
- Ball v. State Department of Motor Vehicles, No. 70 39 95 (Nov. 18, 1993) (Connecticut Superior Court 1993, 1993 Conn. Super. Ct. 10019)“…iff was issued a warning ticket for an alleged violation of General Statutes 14-111a , which prohibits possession of alcohol…”
- Trzaskos Ex Rel. Trzaskos v. St. Jacques (District Court, D. Connecticut 1999, 39 F. Supp. 2d 177)“…of Motor Vehicles warning ticket for violating Connecticut General Statutes § 14-111a, “Possession of Alcoholic Liquors in Mo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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
- Conn. Gen. Stat. § 53a-213 - Alcohol-impaired driving; drinking while operating a motor vehicle(cga.ct.gov).gov
- Conn. Gen. Stat. §§ 53a-36(3), 53a-42(3) - Class C misdemeanor imprisonment and fine ceilings (up to 3 months, up to $500)(cga.ct.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