New Jersey Open Container Law (2026): Statute and Penalty

New Jersey bans possessing an open or unsealed alcoholic beverage container in a motor vehicle located on a public highway or its right-of-way, for the driver and every passenger alike, under N.J.S.A. 39:4-51b. A separate provision, N.J.S.A. 39:4-51a, independently bans the operator and any passenger from consuming an alcoholic beverage or cannabis item while the vehicle is being operated.

Jurisdiction scope: This article addresses New Jersey's state open container law, covering driver and passenger possession under N.J.S.A. 39:4-51b and the separate consumption ban under N.J.S.A. 39:4-51a. It does not address DUI charges or rules for boats. For New Jersey's separate DUI penalties, see New Jersey DUI laws.

What New Jersey's Open Container Law Prohibits

N.J.S.A. 39:4-51b bans possessing an open or unsealed container of an alcoholic beverage in a motor vehicle located on a public highway, or the right-of-way of a public highway. The prohibition covers "all occupants of a motor vehicle," which means it reaches the driver and every passenger without a driver-only carve-out. The same subsection also bans an unsealed cannabis item intended to be consumed by smoking, vaping, or aerosolizing, a prohibition added by a 2021 amendment (P.L. 2021, c.16, s.84); as written, it does not reach cannabis edibles.

New Jersey separately bans the act of drinking in a moving vehicle. N.J.S.A. 39:4-51a prohibits the operator from consuming an alcoholic beverage or cannabis item while operating the vehicle, and separately prohibits a passenger from consuming an alcoholic beverage, or consuming a cannabis item by smoking, vaping, or aerosolizing it, while the vehicle is being operated. It carries the same penalties as the possession ban described below, and it adds an evidentiary presumption: if an unsealed, partially consumed container is found in the passenger compartment and the operator's or a passenger's appearance or conduct is consistent with drinking, that is sufficient for the presumption to apply. The consumption ban carries its own carve-out, separate from the possession exemptions below: it does not apply, with respect to alcohol consumption, to a passenger of a charter or special bus or a limousine service. That carve-out covers alcohol only; it does not reach the cannabis consumption ban, so a charter-bus or limousine passenger may drink but may not vape or smoke cannabis.

Exemptions

The possession ban exempts:

• A passenger of a charter or special bus.
• A passenger of a limousine service.
• A container in the trunk of the vehicle.
• A container behind the last upright seat, in a vehicle with no trunk.
• A container in the living quarters of a motor home or house trailer.

The two passenger exemptions (charter or special bus, limousine service) apply to alcohol only; they do not extend to the cannabis prohibition. The three location exemptions (trunk, behind the last upright seat, motor home or house trailer living quarters) cover both an open alcoholic beverage container and an unsealed cannabis item.

N.J.S.A. 39:4-51a, the separate consumption ban, carries its own matching carve-out: it does not apply, with respect to consuming an alcoholic beverage, to a passenger of a charter or special bus or a limousine service. That carve-out covers alcohol consumption only, not cannabis consumption.

Penalty

A first offense under N.J.S.A. 39:4-51b carries a $200 fine. A second or subsequent offense carries a $250 fine, or 10 days of court-ordered community service. The consumption ban in N.J.S.A. 39:4-51a carries the same penalty structure.

Federal Compliance

Federal law, 23 U.S.C. § 154, conditions a share of a state's highway funding on having an open container law that bans both possession and consumption, covers the whole passenger area, reaches every occupant, and is primarily enforced. A state that falls short has 2.5 percent of certain federal highway apportionments reserved and redirected to highway safety programs, under FHWA's annual apportionment notice. New Jersey is not on FHWA's list of non-conforming states for fiscal year 2026 (FHWA Notice N4510.905, dated October 1, 2025).

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.

For how New Jersey's rule compares with every other state, see the full rundown of open container laws by state.

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

Frequently Asked Questions

Can a passenger have an open container in a car in New Jersey?

No. N.J.S.A. 39:4-51b bans possessing an open or unsealed alcoholic beverage container in a vehicle located on a public highway or its right-of-way, and the ban covers all occupants, driver and passengers alike.

Does New Jersey's open container law separately ban drinking in a car?

Yes. N.J.S.A. 39:4-51a separately bans the operator from consuming an alcoholic beverage or cannabis item while operating the vehicle, and separately bans a passenger from consuming an alcoholic beverage, or a cannabis item by smoking, vaping, or aerosolizing it, while the vehicle is being operated. It carries the same penalties as the possession ban.

What is the fine for an open container violation in New Jersey?

A first offense carries a $200 fine under N.J.S.A. 39:4-51b. A second or subsequent offense carries a $250 fine or 10 days of court-ordered community service. The consumption ban under N.J.S.A. 39:4-51a carries the same penalties.

Are limousine or charter bus passengers exempt from New Jersey's open container law?

Yes, from both the alcohol possession ban and the alcohol consumption ban. Passengers of a charter or special bus, and passengers of a limousine service, are exempt under N.J.S.A. 39:4-51b's possession ban and under N.J.S.A. 39:4-51a's parallel consumption carve-out. Neither exemption covers cannabis.