Pennsylvania
Pennsylvania Open Container Law (2026): Statute and Penalty
Independently fact-checked against primary sources (last audited September 24, 2026). · 1 primary source cited on this page. How we verify our legal content
Pennsylvania bars an operator or occupant of a vehicle from possessing an open alcoholic beverage container, and separately bars them from consuming alcohol in the vehicle, while it is on a highway, under 75 Pa.C.S. Section 3809. As of September 2026, a live read of the official statute text confirmed both the possession ban and the consumption ban.
Jurisdiction scope: This article addresses Pennsylvania's state open container law, covering possession and consumption by the operator and occupants, under 75 Pa.C.S. Section 3809. It does not address DUI charges or controlled-substance offenses. For the full state-by-state comparison, see our open container laws guide. For Pennsylvania's separate DUI penalties, see Pennsylvania DUI laws, and for window tint rules, see Pennsylvania window tint laws.
What Pennsylvania's Open Container Law Prohibits
The official Pennsylvania statute text, opened directly at the state's consolidated statutes site, reads:
"Except as set forth in subsection (b), an individual who is an operator or an occupant in a motor vehicle may not be in possession of an open alcoholic beverage container or consume a controlled substance as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or an alcoholic beverage in a motor vehicle while the motor vehicle is located on a highway in this Commonwealth."
75 Pa.C.S. Section 3809(a)
That single sentence does two things at once: it bans possessing an open alcoholic beverage container, and it separately bans consuming either a controlled substance or an alcoholic beverage, in a vehicle on a highway. The ban applies to "an operator or an occupant," which covers the driver and every passenger.
Exemptions
Subsection (b) of Section 3809 exempts two situations:
- A passenger, but not the operator, riding in the passenger area of a vehicle used for hire, including a bus, taxi, or limousine named expressly in the statute.
- The living quarters of a house coach or house trailer.
Penalty
A violation of Section 3809 is a summary offense. 75 Pa.C.S. Section 6502(c) makes Title 18's fine and imprisonment provisions for summary offenses inapplicable to the Vehicle Code, so the fine is not set under 18 Pa.C.S. Section 1105. Instead, 75 Pa.C.S. Section 6502(a) sets the default fine for a Vehicle Code summary offense that carries no other specified penalty at $25.
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. Pennsylvania's statute meets those elements, so Pennsylvania 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
Does Pennsylvania's open container law ban drinking, or only possession?
Both. 75 Pa.C.S. Section 3809(a) bans possessing an open alcoholic beverage container and separately bans consuming an alcoholic beverage in a vehicle on a highway, and both bans apply to the operator and every passenger.
Can a passenger in a Pennsylvania limousine or taxi have an open container?
Yes, with limits. Section 3809(b) exempts a passenger, but not the operator, riding in the passenger area of a bus, taxi, or limousine.
What is the penalty for an open container violation in Pennsylvania?
It is a summary offense under 75 Pa.C.S. Section 3809. The fine is $25, set under 75 Pa.C.S. Section 6502(a), the Vehicle Code's default summary-offense fine; Section 6502(c) makes Title 18's fine schedule inapplicable to Vehicle Code offenses.
Is Pennsylvania on the federal list of noncompliant open container states?
No. Pennsylvania is not on FHWA's list of non-conforming states for fiscal year 2026, per FHWA Notice N4510.905.
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.
Pennsylvania Consolidated Statutes Title 75 (Vehicles)
§ 3809Restriction on alcoholic beveragesIn force
(a) General rule.--Except as set forth in subsection (b), an individual who is an operator or an occupant in a motor vehicle may not be in possession of an open alcoholic beverage container or consume a controlled substance as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or an alcoholic beverage in a motor vehicle while the motor vehicle is located on a highway in this Commonwealth. (b) Exception.--This section does not prohibit possession or consumption by any of the following: (1) A passenger in the passenger area of a motor vehicle designed, maintained or used primarily for the lawful transportation of persons for compensation. This paragraph includes buses, taxis and limousines. (2) An individual in the living quarters of a house coach or house trailer. (c) Penalty.--An individual who violates this section commits a summary offense.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at palegis.us
§ 6502Summary offensesIn forcecited in 6 of our articles
(a) Violations of this title.--It is a summary offense for any person to violate any of the provisions of this title unless the violation is by this title or other statute of this Commonwealth declared to be a misdemeanor or felony. Every person convicted of a summary offense for a violation of any of the provisions of this title for which another penalty is not provided shall be sentenced to pay a fine of $25. (b) Violations of regulations.--It is a summary offense for a person to violate any provision of any regulation promulgated under the authority of this title. A person convicted of violating any provision of a regulation promulgated under the authority of this title shall pay the fine established in the section of this title on which the regulation is based or, if no fine is established in that section of this title, the fine shall be $25. (c) Title 18 inapplicable.--Title 18 (relating to crimes and offenses), insofar as it relates to fines and imprisonment for convictions of summary offenses, is not applicable to this title.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Commonwealth v. McGinnis (Supreme Court of Pennsylvania 1986, 511 Pa. 520)“…the summary conviction instead of the mandatory $25.00 (see 75 Pa.C.S. 6502(b), now part of 75 Pa.C.S. 6502(a)). Th…”
- Commonwealth v. Samuels (Supreme Court of Pennsylvania 2001, 566 Pa. 109)“…se punishable solely by the imposition of a $25 fine. See 75 Pa.C.S. § 6502. Pursuant to the MPC and Section 305(a)…”
- Commonwealth v. Soboleski (Superior Court of Pennsylvania 1992, 421 Pa. Super. 311)“…his Commonwealth declared to be a misdemeanor or a felony." 75 Pa.C.S. § 6502(a). The underlying offense here, a sect…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Pennsylvania Windshield Mounting Laws (2026 Guide), Open Container Laws by State (2026): Passengers, Exemptions, Penalties, Pennsylvania Window Tint Laws (2026): Legal VLT Limits
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
- 75 Pa.C.S. Section 3809 - Restriction on alcoholic beverages(palegis.us)
- 75 Pa.C.S. Section 6502 - Summary offenses (default $25 Vehicle Code summary-offense fine; Title 18 fine/imprisonment provisions inapplicable)(palegis.us)
- 23 U.S.C. Section 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