Kansas Open Container Laws, Penalties, and Consequences

Learn about the penalties for an open container conviction in Kansas.

Kansas law prohibits any person from transporting an alcoholic beverage in a vehicle unless it is:

  • in the original unopened container, with an unbroken seal
  • locked in the trunk, or
  • on a statutorily authorized RV or for-hire bus and not accessible to the driver.

This restriction applies to all persons within the car, including the driver and passengers.

Fines and Jail

An open container violation is a misdemeanor in Kansas. A conviction will result in a fine of up to $200 and a maximum six months in jail. And violators who are under 21 years old will also be required to complete an alcohol and drug evaluation and follow any recommended treatment.

License Suspension

In addition to the other penalties, a person who receives a second open container conviction within a five year period faces a one-year license suspension. However, the court does have the discretion to reduce the suspension to a one-year “restricted” license. With a restricted license, the judge gets to dictate the terms—including when and where—under which the licensee is permitted to drive.

Plea Bargaining in Kansas Open Container Cases

If you get charged with possessing an open container in Kansas, it is possible to plea to a lesser charge or to enter into a diversion agreement. However, such plea deals are in the sole discretion of the prosecutor and are not guaranteed.

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