North Carolina’s Open Container Laws

North Carolina’s open container laws prohibit transporting an open container of alcohol in the passenger area of a vehicle.

Facing a DUI? We've helped 115 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

In North Carolina, it's illegal for any person to transport an open container of any alcoholic beverage in the passenger area of a vehicle. This law applies whenever a vehicle is parked or being driven on a public roadway. Additionally, North Carolina's open container law applies to both drivers and passengers of the vehicle.

Open container. Under North Carolina law, a container of alcohol is considered "open" if the seal is broken. (Unopened containers may be freely transported in the passenger area of the vehicle.)

Passenger area. The "passenger area" of the vehicle encompasses the area where the driver and passengers could be seated and any area within the reach of a person seated in the vehicle—including the glove compartment. So, any open containers of alcohol must be kept in an inaccessible area such as the trunk. In a vehicle like a hatchback or SUV that doesn't have a trunk, open containers can lawfully be transported behind the back seats.

Types of alcohol included. Transporting open containers of the following types of alcohol are illegal:

  • malt beverages

  • fortified and unfortified wine

  • spirituous liquor (hard alcohols such as vodka and tequila), and

  • mixed beverages.

Exceptions. There are a few exceptions to North Carolina's open container restriction. Open containers are allowed in:

  • passenger areas of vehicles-for-hire (such as buses or taxis), and

  • the living quarters of motor homes and "house cars."

Penalties

An open container violation can be an infraction or misdemeanor, depending on the circumstances.

Open container infractions. Possession of an open container by a driver or passenger is an infraction (except for drivers who are consuming alcohol or have alcohol in their system, see below). Infractions are non-criminal violations, meaning that the offender cannot be arrested, and the maximum fine is $100 plus costs.

Open container misdemeanor. Drivers who are consuming alcohol or have alcohol in their system while transporting an open container can be charged with a misdemeanor. The offense is a Class 3 misdemeanor for first-time offenders. A second or subsequent offense is a Class 2 misdemeanor.

Drivers charged with a class 3 misdemeanor face up to 20 days in jail, and drivers charged with a class 2 misdemeanor face up to 60 days in jail. However, it's more common that the offender will receive a fine and probation if they are convicted of this charge.

Drivers charged with a misdemeanor open container offense are also subject to North Carolina's implied consent laws. Generally, implied consent requires motorists to submit to a breath or blood test to determine if they have any alcohol in their system. Drivers who refuse testing or test with a blood alcohol concentration (BAC) .08% or higher face license revocation.

Administrative Consequences

In North Carolina, an open container conviction is considered a moving violation, so the North Carolina Division of Motor Vehicles will assess points against the driver's license. Additionally, a misdemeanor open container violation conviction can result in license revocation: For a first conviction revocation is just a possibility, but a six-month license revocation is mandatory on a second conviction. And third or subsequent convictions result in a one-year revocation.

Getting Legal Help

The consequences of transporting an open container of alcohol can be serious. If you've been arrested or charged for transporting an open container, you should talk to an experienced criminal defense attorney right away. A criminal defense attorney in your area can help you understand how the law applies to the facts of your case and advise you on what to do next.

FACING A DUI?
Talk to a DUI Defense attorney
We've helped 115 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you