Washington’s Alcohol and Marijuana Open Container Laws and Violation Penalties

Washington generally prohibits the consumption and possession of open containers of alcohol and marijuana in motor vehicles. However, these restrictions have a few exceptions. This article provides an overview of Washington's open container laws and related regulations, exceptions to the laws, and the consequences of violations.

Restrictions on Consumption and Possession of Open Containers of Alcohol in Washington

Washington's open container laws make it illegal for a person to drink any alcoholic beverage or to possess an open container of alcohol while in a motor vehicle that's on a highway. Additionally, the registered owner of a motor vehicle is prohibited from keeping an open container of alcohol in the vehicle when it's on a highway. If the registered owner isn't present in the vehicle, the driver is responsible for the violation.

An "open container" is defined as a bottle, can, or other receptacle that has been opened, has a broken seal, or has had the contents partially removed.

Exceptions to Washington's Open Container Law

Washington's open container law has exceptions for certain vehicles and parts of vehicles that aren't readily accessible to the driver or vehicle occupants.

Washington Allows Open Containers of Alcohol in the Trunk of a Vehicle

An open container of alcohol can lawfully be kept in the trunk of a vehicle. And if the vehicle doesn't have a trunk, an open container must be kept in an area of the vehicle that's not typically occupied by the driver or passengers. (Glove boxes and utility compartments are considered to be within the area occupied by the driver and passengers.)

Washington's Open Container Exceptions for Motor Homes, Taxis, Limos, and Commercial Vehicles

Passengers can lawfully drink alcohol and possess open containers of alcohol in certain vehicles. These include:

• the living area of a motor home or camper
• licensed for-hire vehicles used for the transportation of persons for compensation, and
• privately-owned vehicles operated by a person possessing a commercial driver's license who is transporting passengers in the course of employment and at an employer's direction.

However, the driver of any such vehicle is prohibited from possessing or consuming an alcoholic beverage.

Penalties for Alcohol Open Container Tickets in Washington

The penalties for an open container ticket depend on the circumstances but can include fines, jail time, and community service.

Standard Open Container Violation Fines and Community Service in Washington

An open container violation is a traffic infraction in Washington. A conviction is punishable by a maximum fine of $250, plus fees. In lieu of the fine, an offender can elect to perform community service work at the state minimum wage rate.

Fines and Jail Time for Open Container Violations by Washington Chauffeurs

However, the driver of a for-hire vehicle who drinks any intoxicating liquor in that vehicle commits a misdemeanor and faces up to 90 days in jail and/or a maximum $1,000 fine.

Washington's Fines and Jail Time for Allowing a Minor to Drink Alcohol in a Vehicle

And anyone who permits a minor to consume liquor in the person's motor vehicle or a motor vehicle under the person's control is guilty of a gross misdemeanor. A conviction carries up to 364 days in jail and/or a maximum fine of $5,000.

Washington's Law That Prohibits Disguising Alcohol Beverage Containers

Washington also makes it illegal for a person to try to evade being caught for an open container violation by:

• labeling the original container of an alcoholic beverage incorrectly, or
• placing an alcoholic beverage in a container labeled as containing a nonalcoholic beverage.

A person who disguises an alcoholic beverage container and then violates the open container law commits a traffic infraction. The maximum fine is $250, plus fees.

Consumption and Possession of Open Containers of Marijuana in Washington

Washington's open container laws also apply to marijuana. These laws prohibit passengers, the registered owner of a vehicle, and the driver of vehicle (if the registered owner isn't present) from:

• keeping marijuana in a motor vehicle that's on a highway
• consuming marijuana in any manner in a motor vehicle that's on a public highway, and
• placing marijuana in a container that's labeled as containing a nonmarijuana substance and keeping it in a motor vehicle that's on a highway.

If the original container of marijuana is labeled incorrectly and the person subsequently violates the open container law by keeping marijuana in a motor vehicle, there's a rebuttable presumption that a violation has occurred. In other words, unless the defendant can prove otherwise, the court will assume that the defendant violated the marijuana open container law.

"Marijuana" includes all parts of the plant, seeds, resin, and every derivative of the plant, seeds, or resin. However, this definition doesn't include the mature stalks of the plant, fiber made from the stalks, oil or cake made from seeds, or any other derivative of the mature stalks.

Exceptions to Washington's Marijuana Open Container Law

Marijuana can lawfully be kept in a motor vehicle if it's in:

• the trunk of the vehicle (or an area of the vehicle that's not usually occupied by the driver or passengers if the vehicle doesn't have a trunk), or
• a package or container that hasn't been opened, had the seal broken, or had the contents partially removed.

As with an open container of alcohol, an open container of marijuana can't be kept in a glove or utility compartment because those areas are considered to be within the area occupied by the driver and passengers.

Penalties for Marijuana Open Container Tickets in Washington

Possession or consumption of marijuana in a motor vehicle is a traffic violation. Anyone who's convicted faces a maximum fine of $250, plus fees.