West Virginia

West Virginia Open Container Law (2026): Statute and Penalty

Independently fact-checkedBy Recording Law Editorial TeamPublished September 17, 20263 min read

Independently fact-checked against primary sources (last audited September 24, 2026). · 2 primary sources cited on this page. How we verify our legal content

West Virginia Open Container Law (2026): Statute and Penalty

West Virginia bans the operator and any passenger of a motor vehicle from possessing an open alcoholic beverage container, or from drinking alcohol, in the passenger area of a vehicle on a public highway or its right-of-way, under W. Va. Code Section 17C-5D-3. As of September 2026, the operative text was confirmed against the state's official code site.

Jurisdiction scope: This article addresses West Virginia's state open container law, covering possession and consumption by the operator and passengers, under W. Va. Code Section 17C-5D-3. It does not address DUI charges. For West Virginia's separate DUI penalties, see West Virginia DUI laws.

What West Virginia's Open Container Law Prohibits

West Virginia's statute reaches both the driver and every passenger by name. The official West Virginia Code text reads:

Closed glove compartment with a small key hanging from its lock

"It is unlawful for the operator or a passenger of a motor vehicle to knowingly possess any open alcoholic beverage container in the passenger area"

W. Va. Code Section 17C-5D-3

The section also bans consuming any alcoholic beverage in the passenger area. Both prohibitions apply to a motor vehicle on a public highway or the right-of-way of a public highway, whether the vehicle is moving or parked. That "operator or a passenger" phrasing is worth noting because several neighboring states write their open container statutes around the driver's conduct alone; West Virginia's text names the passenger as directly as it names the operator.

Exemptions

West Virginia's law does not apply to:

open container - passengers and containers

A passenger, though not the operator, riding in a vehicle designed for transporting persons for compensation, such as a bus, taxicab, or limousine.
A person in the living quarters of a motorized or nonmotorized house coach, trailer, motor home, or self-contained camper.

Penalty

A violation of West Virginia's open container law is a misdemeanor. The statute sets the fine at not less than $50 nor more than $100.

open container - opened containers

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. West Virginia's statute meets those elements, so West Virginia is not on FHWA's list of non-conforming states for fiscal year 2026 (FHWA Notice N4510.905, dated October 1, 2025).

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

Can a passenger have an open container in a car in West Virginia?

No. W. Va. Code Section 17C-5D-3 makes it unlawful for the operator or a passenger to knowingly possess an open alcoholic beverage container in the passenger area of a motor vehicle on a public highway or its right-of-way.

Does West Virginia's open container law apply to a parked car?

Yes. The prohibition applies whether the vehicle is on a public highway or its right-of-way and is in motion or at rest.

Are bus, taxi, or limousine passengers exempt from West Virginia's open container law?

Yes. A passenger, though not the operator, riding in a vehicle designed to transport people for compensation is exempt.

What is the fine for an open container violation in West Virginia?

A violation is a misdemeanor with a fine of not less than $50 nor more than $100.

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.

West Virginia Code

§ 17C-5D-3Possession of an open alcoholic beverage container in the passenger area of a motor vehicle; exceptions; penalties.In force

(a) It is unlawful for the operator or a passenger of a motor vehicle to consume any alcoholic beverage in the passenger area of a motor vehicle located on a public highway or right-of-way of a public highway in this state, whether the vehicle is in motion or at rest. (b) It is unlawful for the operator or a passenger of a motor vehicle to knowingly possess any open alcoholic beverage container in the passenger area of any motor vehicle that is located on a public highway or right-of-way of a public highway in this state, whether the vehicle is in motion or at rest. Possession by a person of one or more open containers in a single criminal occurrence is a single offense. (c) The provisions of this section are not applicable to a passenger: (1) In the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation including, but not limited to, a bus, taxicab or limousine; or (2) In the living quarters of a motorized or nonmotorized house coach, house trailer, motor home or self-contained camper.

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

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…”