Open Container Laws

Many people wonder about open container laws when it comes time to party in public. States and cities have laws governing the use of alcoholic beverages in the streets and parks. Some states or cities have no open container laws at all. Even if states ban most open containers in public, they may allow alcohol in certain situations.

Learn your local open container laws or check the laws before you travel to a new state. If you’re cited for an open container misdemeanor, talk to an experienced public intoxication attorney in your area.

Why Do Open Container Laws Exist for Alcoholic Beverages?

The laws on open containers of alcohol serve various purposes. This includes discouraging public drunkenness and keeping drivers and passengers safe. Most states prohibit open alcohol receptacles inside vehicles. These state laws also help secure federal transportation funding. States rely heavily on federal transportation money that comes with these strings attached.

Where Are Open Container Laws Enforceable?

Depending on the laws in your jurisdiction, open alcoholic beverage laws might apply in any of these private or public places:

• Passenger compartment or area of the car
• Unlocked glove compartment
• While driving a vehicle
• Public sidewalks
• Common areas of apartment buildings
• Bus, taxi, Uber, Lyft, or limousines
• Shared areas of living quarters
• Residential neighborhoods
• Mobile homes and house trailer
• School property
• Parking lots

What States Allow Drinking in Public?

Many states have open container laws that include exceptions for certain areas. These laws might be specific to tourist areas or for special events. For example, New Orleans generally allows you to drink alcohol in the streets but not in parking lots. They also regulate the beverage container. Generally, you can drink from a plastic cup in public but not a glass bottle.

Open container laws can also vary from town to town in the same state. Las Vegas allows the consumption of alcohol in public in the city limits but bans glass containers. This ban on glasses applies even to non-alcoholic drinks.

States may have across-the-board bans on alcohol in public. There are often exceptions for beaches, campsites, public parks, and tailgating. Limited public drinking is generally legal in these states:

• Alaska
• Arkansas
• Connecticut
• Delaware
• Illinois
• Louisiana
• Massachusetts
• Michigan
• Mississippi
• Missouri
• Montana
• New Jersey
• Rhode Island
• Tennessee
• Texas
• Virginia
• West Virginia
• Wyoming

There may be additional restrictions even in states where open drinking is allowed. States may have laws against drunken behavior or disorderly conduct in public. Additionally, almost every state has laws against alcohol containers in vehicles or drunk driving.

Can You Have an Open Container in the Vehicle?

Mississippi is the only state that allows drivers to have alcohol on them while driving. However, they still can’t exceed the blood alcohol limit and drive a car. If a driver has an open container, they must keep their blood alcohol level below 0.08%.

Every other state has specific open container laws for the driver and passenger. Violations are divided into two categories:

• Open container on the driver’s person or driver’s side of the car
• Open container in the vehicle (in the passenger area or backseat of the car)

An open container violation usually needs these criteria:

• The vehicle was operating on a public road or public highway
• The container contained alcohol
• The alcohol container has a broken seal, or some of the alcohol has been removed

Can You Have an Open Container on Your Person?

To trigger an open container violation on the driver’s person, the container must have been:

• Held by the driver
• Located within reach of the driver
• In the car while it is operating (in some states, is it legal to drink in an unstarted vehicle while most states still treat this as an open bottle ticket)

Generally, the officer doesn’t need to prove that the driver was drinking from the container to write a ticket. If they suspect the driver was drinking, they could asses the driver for drunk driving.

Open Container in Your Motor Vehicle

You can receive a ticket for an open container located in any area in the vehicle. This includes the entire passenger area of any motor vehicle, including the backseat.

Containers in the trunk are usually acceptable. You can usually transport an opened bottle of wine or a case of beer. Some jurisdictions provide leniency for vehicles without a trunk, such as pickup trucks. Some laws may permit storing alcohol during transport if the container is inaccessible to the driver or passengers and there is no trunk.

Charges Related to Alcohol Use in Public

Even cities without strict open container laws enforce community laws related to alcohol use. Some examples of illegal actions are:

• Public urination
• Indecent exposure
• Disorderly conduct
• Noise ordinance violations
• Driving under the influence (DUI) or driving while intoxicated (DWI)
• Drunk and disorderly conduct

Drunk driving charges can lead to a suspended driver’s license, fines, community service, and jail time. Even in misdemeanor cases, a conviction for a DUI can lead to higher insurance premiums, fines, and a suspended license.

Public urination can also have long-term consequences, depending on the nature of the situation. For example, if children are present, it may lead to a sex offense conviction and inclusion in a state’s sex offender registry.

Contesting Open Container Citations

An open container infraction from law enforcement can result in fines and other penalties. Insurance companies can also consider drivers with open container citations as an increased risk for drunk driving charges. If you want to fight open container tickets, talk to an open container and public intoxication lawyer for legal advice.