New Hampshire’s Open Container Law and Violation Penalties

New Hampshire's open container law makes it illegal to possess drugs and open containers of alcohol in vehicles. The prohibition on possessing open containers of alcohol applies to both, drivers and passengers. However, the law prohibiting the possession of drugs in vehicles applies only to drivers. This article provides an overview of New Hampshire's open container law, exceptions to the law, and the penalties for possessing open containers and drugs in vehicles.

New Hampshire's Open Container Law

It's unlawful for drivers and passengers to transport, carry, possess, or have any liquor or alcoholic beverage in the passenger area of a motor vehicle that's located on any roadway. (N.H. Rev. Stat. § 265-A:44.)

What's Considered an "Open Container" Under New Hampshire Law?

An alcohol container is considered to be an "open container" unless in its original container with an unbroken seal.

Does New Hampshire Open Container Law Apply to Parked Vehicles?

Passengers are prohibited from possessing an open container when the vehicle is located in an area primarily used for public parking. But for some reason, the portion of the law mentioning parking lots doesn't say anything about drivers.

What Areas of a Vehicle Do New Hampshire's Open Container Restrictions Apply to?

The open container law applies to passenger areas of a vehicle. The "passenger area" doesn't include the area of a motor vehicle that's been designed or modified for overnight accommodations or living quarters.

What Roadways Are Subject to New Hampshire's Open Container Law?

Roadways that are subject to New Hampshire's open container law include any:

• public highway, street, avenue, road, alley, park, or parkway
• private way that has been provided and maintained by a public institution for public use, and
• private way that has been used for public travel for 20 years.

So, basically, you can get an open container ticket on any roadway that's open to the public unless, in some situations, it's only been open to the public for less than 20 years.

Exceptions to New Hampshire's Open Container Law

Passengers in vehicles for hire. Passengers can lawfully transport, carry, possess, and have liquor or beverages in chartered buses, taxis, and limousines for hire.

However, the driver of such a vehicle is prohibited from having any liquor or beverage in the driver's area.

Areas within a vehicle. Open containers of alcohol can be lawfully transported in the trunk of a vehicle if the containers are "securely capped." If the vehicle doesn't have a trunk, the open container must be stored in a compartment or the area of the vehicle that is the least accessible to the driver.

Opened table wine. A food service licensed to sell wine can allow customers who have purchased a full-course meal and consumed part of a bottle of table wine to take the partially consumed bottle home. However, the customer cannot be intoxicated. And the bottle of wine must be securely sealed, bagged, and placed in the trunk of the vehicle. If the vehicle doesn't have a trunk, the opened bottle of wine must be stored in a compartment or the area of the vehicle that's the least accessible to the driver.

Penalties for Open Container Tickets in New Hampshire

A person who violates New Hampshire's open container law commits a violation and is subject to a $150 fine. In addition to the fine, a driver who's convicted of an open container violation may face a license suspension for 60 days for a first offense. For a second or subsequent offense, the driver's license suspension can be up to one year.

New Hampshire Law on Possession of Drugs in Vehicles

It's unlawful for a person to drive a vehicle on any roadway while knowingly possessing a controlled drug or having the drug in any part of the vehicle. However, a driver can lawfully possess marijuana and hashish.

A person who possesses drugs in a vehicle commits a misdemeanor. Upon a conviction, the offender's license will be revoked for at least 60 days and up to two years.

Open Container Violations by Underage Drivers in New Hampshire

Drivers who are under the age of 21 years are prohibited from transporting liquor or alcoholic beverages in any part of a vehicle unless accompanied by a parent, guardian, or a spouse who is at least 21 years old. These underage drivers can also legally transport liquor and beverages if within the scope of their employment.

An underage driver who's convicted of transporting liquor or alcoholic beverages in a vehicle may face a 60-day driver's license suspension.