Vermont Open Container Law (2026): Operator and Passenger Rules

Vermont bans a vehicle's operator from consuming alcohol or cannabis while driving and from having an open container in the passenger area, and separately bans a passenger from both consuming alcohol or cannabis and possessing an open container of either in the passenger area. A limited exemption lets a non-operator possess an open alcohol container in a for-hire vehicle or a motor home's living quarters.

Jurisdiction scope: This article addresses Vermont's state open container law under 23 V.S.A. Sections 1134 (operator) and 1134a (passenger). It does not address DUI charges or local ordinances. For Vermont's separate DUI penalties, see Vermont DUI laws.

The Operator's Rule (Section 1134)

23 V.S.A. Section 1134 bans a vehicle's operator from two things. First, the operator may not consume alcohol or cannabis while operating the vehicle on a public highway. Second, separate from actually drinking, the operator may not possess an open container of alcohol or cannabis in the vehicle's passenger area.

The Passenger's Rule (Section 1134a)

23 V.S.A. Section 1134a bans a passenger from consuming alcohol or cannabis in the passenger area of any motor vehicle on a public highway, and separately bans a passenger from possessing an open container of alcohol or cannabis in the passenger area.

Exemption for For-Hire Vehicles and Motor Homes

Section 1134a(d) exempts a person other than the operator from the possession ban: a passenger may possess an open alcohol container in the passenger area of a vehicle designed, maintained, or used primarily to transport people for compensation, such as a limousine or chartered bus, or in the living quarters of a motor home or trailer coach. This exemption covers alcohol only, not cannabis, and covers possession only, not the consumption banned by subsection (a). Section 1134, the operator's rule, has no comparable exemption.

What Counts as the "Passenger Area"

Both sections use the same definition. The passenger area is the area designed to seat the operator and passengers, plus spaces readily accessible from that area, such as an unlocked glove compartment. It excludes the area behind the last seat in a vehicle that has no trunk, such as a hatchback's cargo area, and any area not normally occupied by the operator or passengers.

Penalties

These are civil penalties, not criminal charges. For an operator, consuming alcohol or cannabis while operating carries a fine of up to $500. Possessing an open alcohol container carries a fine of up to $25, and possessing an open cannabis container carries a fine of up to $200. For a passenger, Section 1134a(e) sets a civil penalty of up to $25 for consuming an alcoholic beverage or possessing an open alcohol container, and up to $200 for consuming cannabis or possessing an open cannabis container. An operator who drinks alcohol while driving faces a fine up to twenty times higher than a passenger who does the same.

Recent History

Based on the codified amendment history for both sections, the legislature added cannabis alongside alcohol to both the operator's and the passenger's bans through two enactments: 2017 Act 83, passed in the 2017 session, and 2017 Act 86 (Adjourned Session), which took effect in the 2018 session. Because the later of those two enactments is a 2018 amendment, the most recent substantive change dates to 2018, not 2017. No further amendment was found for either section between then and 2026.

For how this rule compares with every other state, see the open container laws by state comparison.

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 Vermont ban a passenger from drinking alcohol in a car?

Yes. 23 V.S.A. Section 1134a bans a passenger from consuming alcohol or cannabis in the passenger area of a motor vehicle on a public highway, and separately bans possessing an open container of either there.

Is Vermont's open container penalty a criminal charge?

No. Vermont's open container violations are civil penalties, not criminal misdemeanors.

What's the fine for an open container in Vermont?

For a vehicle operator, possessing an open alcohol container carries a civil penalty of up to $25, and consuming alcohol or cannabis while operating carries up to $500. For a passenger, consuming alcohol or possessing an open alcohol container carries up to $25, and consuming cannabis or possessing an open cannabis container carries up to $200.

Does Vermont's open container law cover cannabis?

Yes. Both the operator's and passenger's sections ban possessing, and consuming, an open container of cannabis as well as alcohol, since a 2017-2018 amendment (2017 Act 83, and 2017 Act 86, Adjourned Session, which took effect in 2018).