By Amy Vandervort-Clark, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed February 01, 2024
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Driving under the influence (DUI) of alcohol is a serious offense in every state. State legislatures are enacting more strict DUI laws. They aim to help prevent serious injuries and death from drugged and drunk driving. Part of these laws also deal with open alcohol containers and cannabis vessels in a vehicle. When enforced, states have seen a reduction in alcohol-related traffic fatalities.
Open container laws ban the drinking and possession of open alcoholic beverages in vehicles by drivers and passengers. Penalties for an open container conviction vary widely by state. You may face a small fine, receive a jail sentence, or lose your driving privileges. Below, you will find essential information on open container laws by state.
In 1998, Congress passed federal legislation establishing a program to encourage states to adopt laws that ban open containers of alcoholic beverages in the entire passenger area of a motor vehicle. Known as the Transportation Equity Act for the 21st Century (TEA-21), states have a financial incentive if they follow the federal standard banning all open alcohol containers anywhere in the vehicle. To comply with the federal statute, state law must apply to both the driver and passengers and cover both possessing and drinking alcohol from an open container.
As of 2022, 38 states and Washington D.C. have laws that comply with federal law.
Open container laws prohibit the presence of any unsealed container carrying an alcoholic beverage. An open container has a broken seal, a missing cap, or some contents removed. Containers can include:
Generally, the law allows an open container in your vehicle's trunk, locked glove compartment, or unreachable space from the passenger area. You can have open containers in certain types of vehicles when you're a passenger. These include:
Open container laws apply to legalized cannabis possession in many states. As with alcohol-related open container prohibitions, you can't consume or have unsealed packages or receptacles of cannabis or cannabis products in the passenger area of your vehicle.
These types of open container laws are more recent and still evolving. As more states legalize cannabis use and possession, states will explore the complexities of managing the laws surrounding it.
Below is a state-specific guide to open container laws. You can speak with a lawyer to learn more about open alcohol containers in a public place other than your car. Certain city ordinances or municipalities may have their own open container regulations that can differ from state law.
Driver's Possession of Open Containers of Alcohol Prohibited |
Open Containers of Cannabis Prohibited |
Passengers Possession of Open Containers of Alcohol Prohibited |
Type of Charge / Penalty |
|
Prohibited |
Prohibited |
Class C misdemeanor / $25 Fine |
||
Prohibited |
Allowed |
Infraction / Fine only |
||
Prohibited |
Prohibited |
Class 2 misdemeanor / $750 fine, four months in jail, probation |
||
Prohibited |
Allowed, if not consumed |
Class C misdemeanor / $100 fine |
||
Prohibited |
Prohibited |
Prohibited |
Infraction / $100 fine |
|
Prohibited |
Prohibited |
Infraction / Fine |
||
Prohibited |
Prohibited |
Prohibited |
Class C misdemeanor / Fine; possible jail time, probation, community service |
|
Prohibited |
Prohibited |
Infraction / Up to $200 fine |
||
District of Columbia (DC) |
Prohibited |
Prohibited |
Misdemeanor / Fine, up to 60 days in jail |
|
Prohibited |
Prohibited |
Infraction / Up to $500 fine |
||
Prohibited |
Prohibited |
Infraction / Up to $200 fine |
||
Prohibited |
Prohibited |
Misdemeanor / Up to $2,000 fine, up to 30 days jail |
||
Prohibited |
Prohibited |
Misdemeanor / Six months jail, $1,000 fine |
||
Prohibited |
Prohibited / Class A misdemeanor |
Prohibited |
Infraction / Fine, points against your driver's license |
|
Prohibited |
Prohibited |
Class C infraction / Up to $500 fine |
||
Prohibited |
Prohibited |
Simple misdemeanor / $260 fine |
||
Prohibited |
Prohibited |
Misdemeanor / Up to a $200 fine, up to six months in jail, or both |
||
Prohibited |
Prohibited |
Violation offense / Up to $100 fine, possible 30 days to 12 months in jail |
||
Prohibited |
Prohibited |
Infraction / $100 fine plus court costs |
||
Prohibited |
Prohibited |
Traffic infraction / Up to $500 fine |
||
Prohibited |
Prohibited |
Civil offense / Fine and court costs |
||
Prohibited |
Prohibited |
Infraction / Fine $100-$500 |
||
Prohibited |
Prohibited |
Misdemeanor / Community service, substance abuse assessment and treatment |
||
Prohibited |
Prohibited |
Misdemeanor / Up to $1,000 fine, up to 90 days jail |
||
Mississippi |
No Law |
Allowed |
||
Prohibited |
Allowed |
Infraction / Fine |
||
Prohibited |
Prohibited |
Prohibited |
Infraction / $100 fine |
|
Prohibited |
Prohibited |
Infraction / $100 fine |
||
Prohibited |
Prohibited |
Misdemeanor / $1,000 fine, up to 6 months in jail |
||
Prohibited |
Prohibited |
Infraction / $150 fine, 60-day license suspension |
||
Prohibited |
Prohibited |
Prohibited |
Infraction / $200 fine |
|
Prohibited |
Prohibited |
Infraction / $25 fine, points added to driver's license |
||
Prohibited |
Prohibited |
Prohibited |
Infraction / Up to $150 fine, up to 15 days in jail |
|
Prohibited |
Prohibited |
Class 3 misdemeanor / Up to $200 fine, up to 20 days jail |
||
Prohibited |
Prohibited |
Infraction / $50 fine |
||
Prohibited |
Prohibited |
Minor misdemeanor / Possession: up to $100 fine; Consumption: up to $250 fine, up to 30 days jail |
||
Prohibited |
Prohibited |
Misdemeanor / $500 fine, up to six months in jail |
||
Prohibited |
Prohibited |
Class B traffic violation / Up to $1,000 fine |
||
Prohibited |
Prohibited |
Summary offense / Up to $300 fine, up to 90 days jail |
||
Prohibited |
Allowed |
Infraction / Up to $200 fine, up to six months license suspension |
||
Prohibited |
Prohibited |
Misdemeanor / Up to $100 fine, up to 30 days in jail |
||
Prohibited |
Prohibited |
Misdemeanor / Up to $500 fine, up to 30 days jail |
||
Prohibited |
Allowed |
Class C misdemeanor / Fine |
||
Prohibited |
Prohibited |
Class C misdemeanor / Up to $500 fine |
||
Prohibited |
Prohibited |
Class C misdemeanor / Up to $750 fine, up to 90 days in jail |
||
Prohibited |
Prohibited, $200 fine |
Criminal offense / Up to $25 fine for possession, up to $500 fine for consumption while driving |
||
Prohibited |
Permitted, but will impact the driver |
Class 4 misdemeanor / $250 fine |
||
Prohibited |
Prohibited |
Traffic infraction / Up to $250 fine or community service |
||
Prohibited |
Prohibited |
Misdemeanor / Up to $100 fine |
||
Prohibited |
Prohibited |
Traffic violation / $100 fine |
||
Prohibited |
Prohibited |
Infraction / $200 fine |
Note: State laws are always subject to change, usually through enacting new legislation, court decisions, and other means. Contact an attorney or conduct your own legal research to verify the state laws you are researching.
If you're charged with violating open container laws, you'll want to understand the laws of your state. Depending on your state, you may face fines or even jail time. It is still illegal for anyone underage to possess or consume alcohol, so your penalties may be more severe if you're under 21. A defense attorney experienced in DUI/DWI law can give you legal advice and explain how a conviction will affect your future. To learn more, contact a DUI lawyer in your area today.
Contact a qualified DUI attorney to make sure your rights are protected.
Get tailored advice and ask your legal questions. Many attorneys offer free consultations.