{"id":286710,"date":"2025-11-20T16:14:49","date_gmt":"2025-11-20T21:14:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/charges\/can-a-passenger-drink-in-a-car.html"},"modified":"2025-11-20T09:34:00","modified_gmt":"2025-11-20T14:34:00","slug":"can-a-passenger-drink-in-a-car","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/charges\/can-a-passenger-drink-in-a-car.html","title":{"rendered":"Can Passengers Drink Alcohol in a Car?"},"content":{"rendered":"\n
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Can Passengers Drink Alcohol in a Car?<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Passengers drinking alcohol in a car is prohibited in most states under open container laws<\/span>, which ban open alcoholic beverages<\/span> in moving vehicles. These laws typically apply to both drivers and passengers, with violations resulting in fines, possible license suspension, and other penalties. Yet, seven states\u00a0allow passengers to drink alcohol while the vehicle is in motion, though the driver must still remain sober.<\/p>\n\n <\/div>\n\n\n\n

While the law is pretty clear about DUI\/DWI, state laws aren\u2019t 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.<\/p>\n

In this article, we\u2019ll 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.<\/p>\n

If you\u2019re facing charges for having an open container in your vehicle or for allowing passengers to drink in your car, contact a criminal defense attorney<\/a> to learn more about your options.<\/p>\n

Rules for Passengers Drinking Alcohol<\/h2>\n

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\u2019s car. However, that doesn\u2019t mean they won\u2019t issue a citation or infraction.<\/p>\n

Some of the infractions or citations you may receive include:<\/p>\n