Oregon

Oregon Open Container Law (2026): Statute and Penalty

Independently fact-checkedBy Recording Law Editorial TeamPublished September 17, 20264 min read

Independently fact-checked against primary sources (last audited September 24, 2026). · 3 primary sources cited on this page. How we verify our legal content

Oregon Open Container Law (2026): Statute and Penalty

Key Takeaways

1Oregon's law bans two separate things in one statute: drinking alcohol, under ORS 811.170(1)(a), and possessing an open container on one's person, under ORS 811.170(1)(b). Both apply to the driver and every passenger while the vehicle is on a highway.
2A vehicle's registered owner, or its driver if the owner is not present, is separately barred from keeping an open container anywhere in the vehicle while it is on a highway, under ORS 811.170(1)(c).
3Within that (1)(c) 'keeping' offense only, Oregon treats the glove compartment as part of the occupied area of the vehicle, not as an exempt storage space; that rule does not itself excuse drinking under (1)(a) or on-person possession under (1)(b).
4ORS 811.170(1)(c) exempts a container in the trunk, or, if the vehicle has no trunk, an area not normally occupied by the driver or passengers, and does not apply at all to the living quarters of a camper or motor home; but those (1)(c) exceptions do not excuse drinking under (1)(a) or on-person possession under (1)(b). Separately, (2) exempts a passenger, but not the driver, riding in a vehicle that is both operated by a common carrier and used primarily to carry passengers for hire, from the section as a whole.
5A violation is a Class B traffic violation. The exact fine is set under Oregon's general Class B violation schedule, ORS 153.018, and was not independently verified.
6Oregon is not on FHWA's list of states that fail the federal open container compliance standard.

Oregon bans both drinking alcohol and possessing an open container on one's person in a vehicle on a public highway, and the ban covers the driver and every passenger, under ORS 811.170. As of September 2026, that rule was confirmed against the state's own official code site.

Jurisdiction scope: This article addresses Oregon's state open container law, covering drinking and possession by the driver and passengers, under ORS 811.170. It does not address DUI charges or rules for boats. For the full state-by-state comparison, see our open container laws guide. For Oregon's separate DUI penalties, see Oregon DUI laws, and for window tint rules, see Oregon window tint laws.

What Oregon's Open Container Law Prohibits

ORS 811.170 bans two things in a single section. Subsection (1)(a) prohibits a person from drinking an alcoholic beverage while in a vehicle on a highway. Subsection (1)(b) separately prohibits possessing an open alcoholic beverage container on one's person while in a vehicle on a highway. Both prohibitions apply broadly to "a person," covering the driver and every passenger, and the statute draws no distinction between a moving and a stationary vehicle.

open container - bus exemptions

Oregon adds a third layer in subsection (1)(c): the vehicle's registered owner, or the driver if the owner is not in the vehicle, may not keep an open container anywhere in the vehicle while it is on a highway. That reaches beyond the driver's or a passenger's own conduct to the responsibility of whoever owns or is driving the vehicle.

The Glove Compartment Is Not a Safe Harbor

For purposes of the (1)(c) "keeping" offense, Oregon's statute treats the glove compartment as within the vehicle's occupied area rather than as an exempt storage space. That means moving an open container into the glove compartment does not take it out of the areas that owner/driver "keeping" offense reaches, a stricter reading than in states that treat any enclosed compartment as exempt. This rule is scoped to (1)(c); it does not independently excuse drinking under (1)(a) or on-person possession under (1)(b).

Closed glove compartment with a small key hanging from its lock

Exemptions

ORS 811.170(1)(c), the offense that bars a vehicle's registered owner, or its driver if the owner is not present, from keeping an open container anywhere in the vehicle, does not reach two situations:

open container - passengers and containers

A container stored in the trunk, or, in a vehicle with no trunk, in an area not normally occupied by the driver or passengers.
The living quarters of a camper or motor home.

Those two exceptions apply only to the (1)(c) keeping offense. They do not excuse drinking under (1)(a) or possessing an open container on one's person under (1)(b): a person drinking in the living quarters of a motor home on an Oregon highway is still violating (1)(a).

Separately, ORS 811.170(2) exempts the section as a whole for a passenger, but not the driver, riding in a vehicle that is both operated by a common carrier and used primarily to carry passengers for hire. Both conditions are required; "common carrier" is not merely an example.

Penalty

A violation of ORS 811.170 is a Class B traffic violation. The fine amount is set under Oregon's general schedule for Class B violations, ORS 153.018; the specific dollar figure is not stated within Section 811.170 itself and was not independently verified.

Federal Compliance

Federal law, 23 U.S.C. Section 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. States that fall short have 2.5 percent of certain federal highway apportionments reserved and redirected to highway safety programs, under FHWA's annual apportionment notice. Oregon's statute meets those elements, so Oregon 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.

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

Frequently Asked Questions

Can a passenger drink alcohol in a car in Oregon?

No. ORS 811.170(1)(a) bans drinking alcohol in a vehicle on a highway, and it applies to the driver and every passenger, not just the driver.

Is the glove compartment a safe place for an open container in Oregon?

No, for the offense it applies to. Oregon treats the glove compartment as part of the vehicle's occupied area, not as an exempt storage space, for the (1)(c) offense that bars the owner or driver from keeping an open container in the vehicle. It does not on its own excuse drinking or on-person possession under the separate (1)(a) and (1)(b) prohibitions.

What is the fine for an open container violation in Oregon?

It is a Class B traffic violation under ORS 811.170. The specific fine amount is set by Oregon's general Class B violation schedule, ORS 153.018, and was not independently verified.

Are passengers in a hired vehicle exempt from Oregon's open container law?

Yes, with limits. A passenger, but not the driver, riding in a vehicle that is both operated by a common carrier and used primarily to carry passengers for hire is exempt from the section as a whole.

Updates

September 24, 2026

Independently fact-checked against the cited primary sources

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.

Oregon Revised Statutes, Chapter 811: Rules of the Road for Drivers

§ 811.170Violation of open container law; penaltyIn force

(1) A person commits the offense of violation of the open container law in a motor vehicle if the person does any of the following: (a) Drinks any alcoholic liquor in a motor vehicle when the vehicle is upon a highway. (b) Possesses on one’s person, while in a motor vehicle upon a highway, any bottle, can or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, or the contents of which have been partially removed. (c) Keeps in a motor vehicle when the vehicle is upon any highway, any bottle, can or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, or the contents of which have been partially removed. The following apply to this paragraph: (A) This paragraph applies only to the registered owner of any motor vehicle or, if the registered owner is not then present in the vehicle, to the driver of the vehicle. (B) This paragraph does not apply if the bottle, can or other receptacle is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk.

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

Oregon Revised Statutes, Chapter 153: Violations and Fines

§ 153.018Maximum finesIn forcecited in 2 of our articles

(1) The penalty for committing a violation is a fine. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment. (2) Except as otherwise provided by law, the maximum fine for a violation committed by an individual is: (a) $2,000 for a Class A violation. (b) $1,000 for a Class B violation. (c) $500 for a Class C violation. (d) $250 for a Class D violation. (e) $2,000 for a specific fine violation, or the maximum amount otherwise established by law for the specific fine violation. (3) If a special corporate fine is specified in the law creating the violation, the sentence to pay a fine shall be governed by the law creating the violation. Except as otherwise provided by law, if a special corporate fine is not specified in the law creating the violation, the maximum fine for a violation committed by a corporation is: (a) $4,000 for a Class A violation. (b) $2,000 for a Class B violation. (c) $1,000 for a Class C violation. (d) $500 for a Class D violation.

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

Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

State v. Page (Court of Appeals of Oregon 2005, 200 Or. App. 55)“…rves.” Selness / Miller, 335 Or at 536. ORS 153.018 (2001) provides the penalty schedule fo…”
In Re Complaint as to the Conduct of Kimmell (Oregon Supreme Court 2001, 332 Or. 480)“…risonment may not be imposed for conviction of a violation, ORS 153.018(1), whereas imprisonment may be imposed…”
State v. Dahl (Oregon Supreme Court 2004, 336 Or. 481)“…ch 819, § 17 (identifying different classes of violations); ORS 153.018(2) (identifying maximum fines for viola…”

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

Also relied on in: Oregon Windshield Mounting Laws (2026 Guide)

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…”