Wisconsin
Wisconsin Open Container Law (2026): Statute and Penalty
Independently fact-checked against primary sources (last audited September 17, 2026). · 4 primary sources cited on this page. How we verify our legal content
Wisconsin bans anyone from drinking alcohol in a motor vehicle on a highway, and separately bans anyone from possessing, on his or her person, an opened alcohol container in a privately owned vehicle on a public highway, under Wis. Stat. Section 346.935. As of September 2026, the operative text was confirmed against the state's official code site.
Jurisdiction scope: This article addresses Wisconsin's state open container law, covering the drinking ban, the possession ban, and the storage rule, under Wis. Stat. Section 346.935. It does not address DUI charges. For Wisconsin's separate DUI penalties, see Wisconsin DUI laws.
The Two Separate Bans
Wisconsin's statute is structured as two distinct prohibitions rather than one combined rule. The official Wisconsin Statutes text reads:
"No person may drink alcohol beverages or inhale nitrous oxide while he or she is in any motor vehicle when the vehicle is upon a highway."
Wis. Stat. Section 346.935(1)
"No person may possess on his or her person, in a privately owned motor vehicle upon a public highway, any bottle or receptacle containing alcohol beverages or nitrous oxide if the bottle or receptacle has been opened, the seal has been broken or the contents of the bottle or receptacle have been partially removed or released."
Wis. Stat. Section 346.935(2)
Both bans reach any person in the vehicle, not just the driver. The first bans the act of drinking (or inhaling nitrous oxide) anywhere in a vehicle on a highway; the second bans simply having an opened container on your person in a privately owned vehicle on a public highway.
The Storage Rule and the Glove Compartment Trap
Wis. Stat. Section 346.935(3) puts the storage duty on the owner of a privately owned motor vehicle, or the driver of the vehicle if the owner is not present. That owner or driver must not keep, or allow to be kept, an opened container anywhere but the trunk or, in a vehicle with no trunk, an area not normally occupied by the driver or passengers. Wisconsin's statute is explicit that a glove compartment or utility compartment does not qualify as that kind of area; the text treats it as part of the space normally occupied by the driver and passengers, so storing an open container there does not satisfy the rule.
Exemptions
Wis. Stat. Section 346.935(4)(b) states that "this section does not apply" to passengers in a limousine or a motor bus "who possess any bottle or receptacle containing alcohol beverages" that has been opened, has a broken seal, or has been partially emptied. The carve-out has two conditions: the vehicle must be operated by a chauffeur holding a valid license and endorsements authorizing operation of the vehicle under ch. 343, and it must comply with any local ordinance or regulation adopted under Wis. Stat. Section 349.24. The exemption is written in terms of possessing opened alcohol containers; it does not mention nitrous oxide. That local-ordinance condition means a municipality can add its own requirements to this specific carve-out, though it does not control the underlying statewide ban. The statute defines the two terms that decide whether a given ride qualifies: a "chauffeur" is a person employed full time or on a regular basis, including a leased driver, for the principal purpose of operating a motor vehicle; a "limousine" is a motor vehicle for charter or hire, operated by such a chauffeur, and designed to transport persons rather than property.
Penalty
An ordinary violation of Wisconsin's open container law is a forfeiture under Wis. Stat. Section 346.95, the chapter-wide penalty provision, a civil, non-criminal penalty, rather than a misdemeanor or infraction. Wis. Stat. Section 346.95(2m) sets the base forfeiture: a person violating Section 346.935 may be required to forfeit not more than $100. Under Wis. Stat. Section 346.935(5), "in addition to any other penalty prescribed by law," a violation by an operator of a commercial motor vehicle "shall be punished under s. 346.65 (2u)." That provision sets a $10 forfeiture, requires the arresting officer to issue a 24-hour out-of-service order, and treats a refusal to submit to chemical testing under Wis. Stat. Section 343.305 as a separate violation that can lead to revocation of operating privileges under Section 343.305(10)(em).
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. Wisconsin 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 drink alcohol in a car in Wisconsin?
No. Wis. Stat. Section 346.935(1) bans any person from drinking alcohol beverages while in a motor vehicle on a highway, and this ban is not limited to the driver.
Is the glove compartment a safe place for an open container in Wisconsin?
No. Wisconsin's statute specifically says a glove compartment or utility compartment is considered part of the area normally occupied by the driver and passengers, so it does not satisfy the trunk-or-inaccessible-area storage rule.
What is the penalty for an open container violation in Wisconsin?
For an ordinary driver or passenger, it is a civil forfeiture of not more than $100 under Wis. Stat. Section 346.95(2m) rather than a criminal charge. In addition to any other penalty prescribed by law, a violation by a commercial motor vehicle operator is also punished under Wis. Stat. Section 346.65(2u), which provides a $10 forfeiture and a 24-hour out-of-service order, and treats refusing a chemical test as a separate violation that can lead to revocation of operating privileges.
Are limousine or bus passengers exempt from Wisconsin's open container law?
Passengers in a limousine or motor bus who possess an opened alcohol container are exempt under Wis. Stat. Section 346.935(4)(b), but only if the vehicle is operated by a chauffeur holding a valid license and endorsements under ch. 343 and complies with any local ordinance or regulation adopted under Section 349.24. A chauffeur must be employed full time or on a regular basis to operate the vehicle, and a limousine must be a for-hire vehicle designed to carry persons rather than property.
Updates
Corrected the description of the commercial-driver penalty under Wis. Stat. 346.65(2u) and narrowed the limousine and bus passenger exemption to match the statute text, including its chauffeur license and endorsement condition.
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.
Wisconsin Statutes, Chapter 346: Rules Of The Road
§ 346.935Intoxicants in motor vehicles.In force
(1) No person may drink alcohol beverages or inhale nitrous oxide while he or she is in any motor vehicle when the vehicle is upon a highway. (2) No person may possess on his or her person, in a privately owned motor vehicle upon a public highway, any bottle or receptacle containing alcohol beverages or nitrous oxide if the bottle or receptacle has been opened, the seal has been broken or the contents of the bottle or receptacle have been partially removed or released. (3) The owner of a privately owned motor vehicle, or the driver of the vehicle if the owner is not present in the vehicle, shall not keep, or allow to be kept in the motor vehicle when it is upon a highway any bottle or receptacle containing alcohol beverages or nitrous oxide if the bottle or receptacle has been opened, the seal has been broken or the contents of the bottle or receptacle have been partially removed or released. This subsection does not apply if the bottle or receptacle is kept in the trunk of the vehicle or, if the vehicle has no trunk, in some other area of the vehicle not normally occupied by the driver or passengers.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 346.95Penalty for violating sections 346.87 to 346.94.In forcecited in 2 of our articles
(1) Except as provided in sub. (13), any person violating s. 346.87, 346.88, 346.89 (4), (4m), or (5), 346.90 to 346.92, or 346.94 (1), (9), (10), (11), (12), or (15) may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year. (2) Any person violating s. 346.89 (1) or (3) (a) or 346.94 (2), (4), or (7) may be required to forfeit not less than $20 nor more than $400. (2m) Any person violating s. 346.935 may be required to forfeit not more than $100. (3) Any person violating s. 346.94 (5) or (14) shall be required to forfeit $50 for each offense. (4) Any person violating s. 346.923, 346.925, or 346.94 (8), (8m), or (8s) may be required to forfeit not more than $20 for the first offense and not more than $50 for each subsequent offense. (5) Any person violating s. 346.94 (13) or (21) may be required to forfeit not more than $200. (5e) Any person violating s. 346.94 (16) may be required to forfeit not less than $40 nor more than $80 for the first offense and not less than $100 nor more than $200 for the 2nd or subsequent conviction within a year.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2003
Opinions citing this section in our collection:
- State v. Colstad (Court of Appeals of Wisconsin 2003, 260 Wis. 2d 406)“…not less than $20 nor more than $400. See Wis. Stat. § 346.95 (2). 6 Wisconsin S…”
- Deida v. City of Milwaukee (District Court, E.D. Wisconsin 2002, 192 F. Supp. 2d 899)“…t to forfeiture of “not less than $20 nor more than $400.” Wis. Stat. § 346.95 (2). The State Secretary of the Departm…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Windshield Mounting Laws
§ 346.65Penalty for violating sections 346.62 to 346.64.In forcecited in 2 of our articles
(1) Except as provided in sub. (5m), any person who violates s. 346.62 (2): (a) May be required to forfeit not less than $50 nor more than $400, except as provided in par. (b). (b) May be fined not less than $100 nor more than $1,000 or imprisoned for not more than one year in the county jail or both for a 2nd or subsequent violation. (2) (am) Any person violating s. 346.63 (1): 1. Shall forfeit not less than $150 nor more than $300, except as provided in subds. 2. to 7. and par. (f). 2. Except as provided in pars. (bm) and (f), shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one. 3. Except as provided in pars.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 77 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- State v. Patrick H. Dalton (Wisconsin Supreme Court 2018, 383 Wis. 2d 147)“…uired a criminal penalty. See Wis. Stat. § 346.65(2)(am)2. Birchfield's expans…”
- State v. Michael R. Luedtke (Wisconsin Supreme Court 2015)“…rd offense can result in up to one year in jail. Wis. Stat. § 346.65(2)(am)2-3. A fourth o…”
- State v. Delaney (Wisconsin Supreme Court 2003, 259 Wis. 2d 77)“…properly applied to his already enhanced OWI offense under Wis. Stat. § 346.65 (2)(c), based on the existence of a pas…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin OWI Laws: Penalties, BAC & License (2026)
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: Open Container Laws by State (2026): Passengers, Exemptions, Penalties, Maine Open Container Law (2026): Statute and Exemptions, Alabama Open Container Law (2026): The $25 Fine and No-Points Rule
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Wis. Stat. § 346.935 - Intoxicants in motor vehicles(docs.legis.wisconsin.gov).gov
- Wis. Stat. § 346.95(2m) - Forfeiture not more than $100 for a violation of § 346.935(docs.legis.wisconsin.gov).gov
- Wis. Stat. § 346.65(2u) - Heightened commercial motor vehicle operator penalty, in addition to any other penalty prescribed by law(docs.legis.wisconsin.gov).gov
- 23 U.S.C. § 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