Mississippi Open Container Law (2026): No Statute Confirmed

Mississippi does not have a statewide law banning open alcoholic beverage containers in a vehicle. The state's traffic code contains no open-container or passenger-possession provision. Mississippi's core alcohol-and-driving statute, Miss. Code Ann. Section 63-11-30, addresses driving under the influence, not open containers, and federal regulators list Mississippi among the states that do not meet the federal open container standard. As of September 2026, this is the most current information available.

Jurisdiction scope: This article addresses whether Mississippi has a statewide vehicle open-container law. It does not address Mississippi's separate DUI statute in detail, local ordinances outside the alcohol-and-driving context, or public-consumption rules. For Mississippi's DUI penalties, see Mississippi DUI laws.

What Mississippi's Code Does and Doesn't Cover

Mississippi has no statewide law that bans a driver or passenger from having an open, unsealed alcoholic beverage container inside a vehicle. Title 63 of the Mississippi Code, which covers traffic regulations, contains a DUI and implied-consent chapter but no chapter or section addressing open containers or passenger possession of alcohol.

Mississippi's alcoholic beverage control title (Title 67) and criminal code (Title 97) do not contain a vehicle open-container offense either. If you have received a citation, confirm the exact charge and ordinance with a Mississippi attorney or the clerk of the relevant court, since a local ordinance or a different offense may be involved.

Mississippi's DUI Law Still Applies

Mississippi's driving-under-the-influence law, Miss. Code Ann. Section 63-11-30, remains fully in force. That statute makes it illegal to operate a vehicle while impaired by alcohol or drugs, and it does not depend on whether a container in the vehicle was open or closed. An open container found during a traffic stop can still be used as evidence supporting a DUI investigation or arrest, even without a separate open-container charge.

Local Ordinances May Still Apply

Some Mississippi municipalities, particularly those with designated entertainment or resort districts, regulate outdoor public consumption of alcohol under the state's local option alcoholic beverage control provisions. Those provisions govern drinking in public spaces like sidewalks and streets. A reader in a specific Mississippi city or county should check that jurisdiction's own municipal code rather than assume no local rule applies to alcohol carried inside a motor vehicle.

Why Mississippi 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. FHWA's fiscal year 2026 apportionment notice lists Mississippi among 12 states that do not meet that standard (FHWA Notice N4510.905, dated October 1, 2025). Mississippi has 2.5 percent of certain federal highway apportionments reserved and, absent a compliant law, redirected to highway safety programs. That listing is consistent with Mississippi having no statewide open-container law.

Disclaimer: This article provides general legal information about open container laws in the United States as of September 2026. It is not legal advice. Verify the current state of Mississippi law directly with a Mississippi attorney or court before relying on it, especially if you are facing a citation.

Related reading: open container laws by state, Mississippi DUI laws, and Mississippi window tint laws.

Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.

Frequently Asked Questions

Does Mississippi have an open container law?

No. Mississippi has no statewide statute that bans having an open alcoholic beverage container in a vehicle. Some cities regulate public drinking under local ordinances, so check the local code where you are.

Can a passenger drink alcohol in a car in Mississippi?

No statewide statute bans open-container possession or passenger consumption in Mississippi. That does not mean the conduct is risk-free: an open container can still support a DUI investigation of the driver, and local ordinances may apply in some cities.

Why is Mississippi on the federal open container non-compliance list?

Federal law under 23 U.S.C. Section 154 requires a state's law to ban both possession and consumption of open containers for every vehicle occupant to be considered compliant. FHWA lists Mississippi as not meeting that standard for fiscal year 2026, consistent with Mississippi having no qualifying statewide statute.

Does Mississippi's DUI law cover open containers?

No. Miss. Code Ann. Section 63-11-30 is an impairment-based DUI statute. It does not ban simply having an open container in a vehicle, though an open container found during a stop can still be used as evidence in a DUI case.