Can Passengers Drink Alcohol in a Car?

While the law is pretty clear about DUI/DWI, state laws aren’t always clear about passengers drinking while in a moving vehicle. A common question posed to DUI lawyers is whether a driver can get into trouble if they let their passengers drink alcohol while in their car.

In this article, we’ll answer this question and discuss the laws related to passengers and open containers of alcohol. We will also briefly explain which states allow passengers to drink alcohol while in a moving vehicle.

If you’re facing charges for having an open container in your vehicle or for allowing passengers to drink in your car, contact a criminal defense attorney to learn more about your options.

Rules for Passengers Drinking Alcohol

Whether passengers can drink alcohol while in a vehicle depends on the place where you’re driving (known as the jurisdiction) and the specific situation. Law enforcement rarely arrests a passenger for drinking in someone else’s car. However, that doesn’t mean they won’t issue a citation or infraction.

Some of the infractions or citations you may receive include:

• Open alcohol container
• Public intoxication
• Other traffic violations

If you are underage, you can face additional consequences and misdemeanor charges.

You will likely face criminal charges if the police discover you using illegal drugs while in a motor vehicle.

Do Open Container Laws Apply to Passengers?

Most states prohibit a person from having alcoholic beverages in open cans, bottles, or other containers with broken seals while in a moving vehicle.

Even the federal government mandates that states have open container laws if they expect to receive federal funding. The federal government’s Transportation Equity Act for the 21st Century (TEA-21) incentivizes states to implement open container laws meeting strict criteria, with compliance tied to eligibility for specific highway funds. Currently, 39 states and Washington, D.C. are in full compliance with TEA-21 requirements. 

A TEA-21 open container law should:

• Prohibit open alcoholic containers in the passenger area (cab) of a vehicle
• Prohibit the consumption of alcohol within a motor vehicle
• Apply to all alcoholic beverages
• Cover all occupants of the motor vehicle
• Apply to all public roads and highways
• Provide for the enforcement of the law

The remaining states have partial or alternative frameworks, which may affect their federal funding schedules. They have open container laws for drivers but not passengers.

Exceptions for Drinking in Certain Vehicles

Many states provide exceptions to open container prohibitions for passengers in vehicles for hire, such as party buses and taxis. There are also usually exceptions for the living area of motorhomes and campers. These exceptions do not typically extend to private passenger vehicles, even on private property.

There is also an exception for limousines. If you and your friends are riding in the back seat of a limo, you are free to drink alcoholic beverages. Many groups hire a limousine to take them to major events. It protects them from getting a ticket for having an open bottle of wine in their car, but it also ensures that nobody will get in trouble for drunk driving or cause a dangerous car accident.

Where Should I Keep Alcohol in the Car?

The best place to transport any container of alcohol is as far out of reach as possible, which is generally the trunk or pickup bed. For vehicles without one, it’s a good idea to stow the alcohol wherever is the least accessible to all drivers and passengers. 

Some states’ laws allow motorists to keep unsealed containers of alcohol in secure locations. However, they cannot be easily accessible to the driver or passengers. Keeping unsealed alcohol in the glove compartment, a door pocket, cup holders, or the center console is generally illegal. 

Drivers face a citation if they have an open container on their person or within reach. The driver may also receive a citation if a passenger has an open container. In either case, the driver’s or passenger’s blood alcohol concentration (BAC) is irrelevant.

Can You Get in Trouble for Drinking Alcohol in a Parked Vehicle?

Whether you’ll face criminal charges for having an open container in a parked vehicle depends on where you are. Some jurisdictions consider this a violation of the open container laws regardless of the driver’s intent to operate the vehicle.

Other states only prosecute someone for an open container charge if the defendant is driving at the time of the traffic stop. In a handful of states, the courts will only convict someone of an open container violation if the prosecutor can show that the defendant intended to drive after ingesting the alcohol.

Penalties for Violating Your State’s Open Container Laws

In many places, both the driver and any passenger with an open container of alcohol could get a citation. But the criminal liability can differ. Each person’s responsibility may depend on their proximity to the container and local enforcement practices.

Other jurisdictions will punish both the driver and their passengers. Typically, the police will issue a citation or infraction to the passengers drinking from an open container in a motor vehicle and arrest the driver for having an open container in their car, truck, or SUV.

The legal penalties for a DUI or having an open container in a vehicle include, but are not limited to, the following:

• Fines of anywhere from $100 to $500
• Possible driver’s license suspension
• Community service
• Mandatory alcohol education courses or counseling
• Possible jail time, depending on the defendant’s prior criminal history

The charges for having an open container depend on the state. For example, an open container violation in Texas constitutes a Class C misdemeanor, the same as a traffic ticket. The penalty for this offense is a fine of no more than $500.

California law prohibits both drivers and passengers from having an open alcoholic beverage container in a motor vehicle. However, California state law only prohibits open containers in cars traveling on a public highway or right-of-way.

Where Drinking Passengers Are Allowed

As stated above, most states have strict open container laws and other laws regarding passengers drinking while in a moving vehicle. However, some states permit passengers to have open alcohol containers and consume alcohol while the vehicle is in motion.

States that allow passengers to drink include:

• Alaska
• Connecticut
• Delaware
• Mississippi
• Missouri
• Rhode Island
• Tennessee
• Virginia

Mississippi is also the only state where drivers may also consume alcohol, provided they stay below the legal BAC limit.

Facing an Open Container or Similar Charge? Speak to an Attorney

If you are facing criminal charges for driving under the influence while drinking from an open container of alcohol, speak with a local DUI defense attorney. Impaired driving cases present unique issues. A knowledgeable DUI lawyer or criminal defense attorney can provide legal advice and help you get the best possible outcome.