Can a Vehicle Passenger Drink Alcohol? Can I Have an Open Container in my Car?

Most states have laws prohibiting passengers and drivers from drinking alcohol or possessing an open container of alcohol in a vehicle. However, a handful of states—including Connecticut, Delaware, Missouri, and Mississippi—don't have open container restrictions on the books. And there are several other states—Tennessee, Virginia, and Rhode Island—that don't have open container rules that apply to vehicle passengers.

Open Container Laws

Open container laws, of course, differ by state. But there are some similarities that many state laws share. Here are some of the more common features open container laws include.

Alcohol Open Container Rules

The open container laws of most states prohibit drivers and passengers from drinking alcohol or possessing an open container of alcohol in a vehicle. Generally, a person can be in violation of the law whether the vehicle is in motion or parked. State laws typically define "open container" as an alcoholic beverage that:

• has been opened
• has a broken seal, or
• has had some of the contents removed.

Many states also limit the definition to include only certain types of beverages and/or beverages that contain a minimum percentage of alcohol.

Marijuana Open Container Rules

In states where marijuana is illegal, it's always against the law to possess marijuana regardless of its container. However, a number of states that have legalized marijuana for recreational or medical use—including California, Washington, Colorado, Illinois, Vermont, Oregon, and Minnesota—have also passed legislation that restricts possession of open containers of marijuana in a vehicle. The laws of these states vary but generally mirror their alcohol open container counterparts.

Common Open Container Exceptions

All states that have open container laws also have exceptions to those laws. The exceptions generally fall into one of the two following categories:

• Certain parts of all vehicles. Typically, open containers can lawfully be kept in the trunk of a vehicle or, if the vehicle has no trunk, in an area of the vehicle not readily accessible to the driver or passengers.
• Certain types of vehicles. Many states allow open containers to be stored in the living quarters of a motor home. And lots of states also permit passengers to drinking alcohol and possess open containers in vehicles-for-hire such as limousines and party buses.

The laws of many states also contain an exception for transporting an open container of wine from a restaurant. However, these exceptions usually still require that the open bottle of wine be stored in the trunk or another area of the vehicle that's not accessible to the driver or passengers.

State Open Container Laws