New York

New York Open Container Law (2026): VTL Section 1227

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). · 3 primary sources cited on this page. How we verify our legal content

New York Open Container Law (2026): VTL Section 1227

Key Takeaways

1VTL Section 1227 bans drinking an alcoholic beverage, consuming cannabis, and possessing an open container of an alcoholic beverage, applying to any operator or passenger in a vehicle on the public highways or a public highway's right-of-way.
2New York does not define a single "passenger area" term the way most states do; the statute is scoped to the vehicle and the public roadway generally, not to a defined zone within it.
3Passengers, but not the operator, are exempt in a "passenger vehicle": one built to carry ten or more people and used to carry passengers for profit or hire under a Department of Transportation certificate or permit. For cannabis, that exemption only covers consumption by means other than burning.
4A resealed restaurant wine bottle, New York's version of the "doggy bag" exemption, is allowed if resealed under Alcoholic Beverage Control Law Section 81(4) and kept in the trunk, or, in a vehicle with no trunk, behind the last upright seat or in an area not normally occupied.
5A violation is a traffic infraction. VTL Section 1800(b)(1) sets the default fine for a traffic infraction with no other penalty specified: up to $150 or 15 days in jail (or both) for a first conviction, up to $300 or 45 days for a second within 18 months, and up to $450 or 90 days for a third or subsequent conviction, provided all of the convictions being counted occurred within a period of eighteen months.
6New York is not on FHWA's FY2026 list of non-conforming open-container states.

New York bans drinking alcohol, consuming cannabis, and possessing an open container of an alcoholic beverage in a motor vehicle, for the operator and every passenger, under N.Y. Vehicle and Traffic Law Section 1227.

Jurisdiction scope: This article covers New York's state open container law, VTL Section 1227, and its possession and consumption rules for drivers and passengers. It does not cover New York DUI/DWI law. For that, see New York DUI laws.

What New York's Open Container Law Prohibits

VTL Section 1227 prohibits three things in a motor vehicle located on the public highways or the right-of-way of a public highway: drinking an alcoholic beverage, consuming cannabis, and possessing an open container of an alcoholic beverage. All three prohibitions reach "any operator or passenger," so the rule covers the driver and every occupant equally.

Closed glove compartment with a small key hanging from its lock

Unlike many states, New York's statute does not build its rule around a defined "passenger area." Other states carve out the trunk or a locked glove compartment by defining a specific occupied zone the ban reaches; New York's text instead applies more generally to the vehicle and its occupants while on a public highway, with the exemptions below doing the work of narrowing it.

Exemptions

Two exemptions apply:

open container - passengers and containers

For-hire passenger vehicles. A passenger, but not the operator, is exempt while riding in a "passenger vehicle," defined as a vehicle designed to carry ten or more passengers and used to carry passengers for profit or hire, operated under a Department of Transportation (or USDOT) certificate or permit. This is New York's version of the limousine/bus/charter exemption common across the country. For cannabis, the exemption is narrower: it covers only consumption by means other than burning (for example, an edible), not smoking.
Resealed restaurant wine. A bottle of wine that a restaurant has resealed for a customer to take home, under ABC Law Section 81(4), is exempt if it's kept in the trunk, or, in a vehicle without a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers.

Penalty

A violation of Section 1227 is a traffic infraction, with a single classification covering either the operator or a passenger. The statute itself doesn't set the fine amount; that's governed by the VTL's general traffic-infraction schedule in Section 1800(b)(1), which applies to a traffic infraction with no other penalty provided: up to $150 or 15 days in jail, or both, for a first conviction; up to $300 or 45 days for a second conviction within 18 months; and up to $450 or 90 days for a third or subsequent conviction, but only where all of the convictions counted toward that third conviction occurred within a period of eighteen months.

open container - opened containers

Federal Compliance

Federal law, 23 U.S.C. Section 154, conditions a share of a state's highway funding on an open container law that bans both possession and consumption, covers the whole passenger area, reaches every occupant, and is primarily enforced (23 CFR 1270.4). A state that falls short has 2.5 percent of certain federal highway apportionments reserved each October 1 and redirected to highway safety programs. New York is not on FHWA's current FY2026 list of non-conforming states (Notice N4510.905, dated October 1, 2025).

Disclaimer: This article provides general information about open container law in New York as of September 2026. It is not legal advice and does not create an attorney-client relationship. Verify the current statutory language before relying on a specific claim, and consult a lawyer licensed in New York 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 New York?

No. VTL Section 1227 bans drinking an alcoholic beverage, consuming cannabis, and possessing an open container of an alcoholic beverage for any operator or passenger in a vehicle on a public highway or its right-of-way.

Can restaurant leftover wine be transported in a car in New York?

Yes, if it was resealed by the restaurant under Alcoholic Beverage Control Law Section 81(4) and is kept in the trunk, or, in a vehicle without a trunk, behind the last upright seat or in an area not normally occupied.

Are limo or charter bus passengers exempt from New York's open container law?

A passenger, but not the operator, is exempt while riding in a vehicle built to carry ten or more passengers for profit or hire under a Department of Transportation certificate or permit. For cannabis, that exemption covers only consumption by means other than burning.

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

A violation is a traffic infraction. VTL Section 1800(b)(1) sets the fine at up to $150 or 15 days in jail, or both, for a first conviction, rising to up to $300 or 45 days for a second conviction within 18 months and up to $450 or 90 days for a third or subsequent conviction, but only when all of the convictions being counted occurred within a period of eighteen months.

Updates

September 24, 2026

Removed outdated sourcing notes from this page; the legal content of the New York open container summary is unchanged.

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.

New York Vehicle and Traffic Law

§ 1227Consumption or possession of alcoholic beverages in certain motor vehiclesIn forcecited in 2 of our articles

Consumption or possession of alcoholic beverages in certain motor vehicles. 1. The drinking of alcoholic beverages or consumption of cannabis, or the possession of an open container containing an alcoholic beverage, in a motor vehicle located upon the public highways or right-of-way public highway is prohibited. Any operator or passenger violating this section shall be guilty of a traffic infraction. The provisions of this section shall not be deemed to prohibit the drinking of alcoholic beverages, the consumption of cannabis by means other than burning, or the possession of an open container containing an alcoholic beverage by passengers in passenger vehicles operated pursuant to a certificate or permit issued by the department of transportation or the United States department of transportation.

Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at legislation.nysenate.gov

Cited in 45 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

People v. Robinson (Appellate Division of the Supreme Court of the State of New York 2015, 134 A.D.3d 1538)“…cause to stop the vehicle based on defendant’s violation of Vehicle and Traffic Law § 1227 (1), which prohibits the “drinking of a…”
People v. Moreno (Joaquin) (Appellate Terms of the Supreme Court of New York 2020, 70 Misc. 3d 10)“…verage in a motor vehicle located upon the public highways (Vehicle and Traffic Law § 1227 [1]), a traffic infraction, and consump…”
People v. Galindo (New York Court of Appeals 2026, 2026 NY Slip Op 00965)“…App Term, 2d Dept, 2nd, 11th, & 13th Jud Dists 2023]; see Vehicle and Traffic Law § 1227 [1]; id. § 509 [1]). A Judge of this…”

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

§ 1800Penalties for traffic infractionsIn forcecited in 2 of our articles

Penalties for traffic infractions. (a) It is a traffic infraction for any person to violate any of the provisions of this chapter or of any local law, ordinance, order, rule or regulation adopted pursuant to this chapter, unless such violation is by this chapter or other law of this state declared to be a misdemeanor or a felony. (b) 1. Every person convicted of a traffic infraction for a violation of any of the provisions of this chapter or of any ordinance, order, rule or regulation adopted pursuant to section sixteen hundred thirty or sixteen hundred thirty-one of this chapter for which another penalty is not provided shall for a first conviction thereof be punished by a fine of not more than one hundred fifty dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than forty-five days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of…

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov

Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2021

Opinions citing this section in our collection:

Corbin v. Hillery (New York Court of Appeals 1989, 74 N.Y.2d 279)“…cause, in this instance, those provisions are superseded by Vehicle and Traffic Law § 1800 (d), which purports to authorize a subs…”
Krieger v. City of Rochester (New York Supreme Court 2013, 42 Misc. 3d 753)“…ayment range of $163 to $313 and/or 15 days in jail. (See Vehicle and Traffic Law §§ 1800 [b] [1]; 1809 [1] [a], [c].) Consequent…”
Podstupka v. Brannon (New York Supreme Court 1975, 81 Misc. 2d 338)“…ine of not more than $50 or 15 days’ imprisonment or both. (Vehicle and Traffic Law, § 1800, subds [a], [b].) That being so, it sho…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: New York Window Tint Laws (2026): Legal VLT Limits

New York Alcoholic Beverage Control Law

§ 81License to sell wine at retail for consumption on the premisesIn force

License to sell wine at retail for consumption on the premises. 1. The procedure set forth in section sixty-four hereof shall apply so far as applicable to applications for licenses to sell wine at retail for consumption on the premises, except as provided in subdivision two of this section. 2. No such license shall be issued to any person for any premises other than premises for which a license may be issued under section sixty-four of this chapter or a hotel or premises which are kept, used, maintained, advertised or held out to the public to be a place where food is prepared and served for consumption on the premises in such quantities as to satisfy the liquor authority that the sale of wine intended is incidental to and not the prime source of revenue from the operation of such premises. Such license may also include such suitable space outside the licensed premises and adjoining it as may be approved by the liquor authority. 3. Such license shall in form and in substance be a license to the person specifically licensed to sell wine at retail, to be consumed upon the premises.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov

Code of Federal Regulations Title 23

§ 1270.4Compliance criteria.In forcecited in 20 of our articles

(a) To avoid the reservation of funds specified in § 1270.6, a State must enact and enforce an open container law that prohibits the possession of any open alcoholic beverage container, and 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. (b) The law must apply to: (1) The possession of any open alcoholic beverage container and the consumption of any alcoholic beverage; (2) The passenger area of any motor vehicle; (3) All alcoholic beverages; (4) All occupants of a motor vehicle; and (5) All motor vehicles located on a public highway or the right-of-way of a public highway. (c) The law must provide for primary enforcement. (d) Exceptions.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov

Also relied on in: Maine Open Container Law (2026): Statute and Exemptions, Alaska Open Container Law (2026): A Driver-Only Driving Offense, Arizona Open Container Law (2026): Possession and Drinking Both Banned

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…”