{"id":286736,"date":"2016-10-12T12:05:04","date_gmt":"2016-10-12T17:05:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/laws-resources\/open-container-laws-by-state.html"},"modified":"2026-04-27T13:42:04","modified_gmt":"2026-04-27T18:42:04","slug":"open-container-laws-by-state","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/laws-resources\/open-container-laws-by-state.html","title":{"rendered":"Open Container Laws by State"},"content":{"rendered":"\n
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Open Container Laws by State<\/h1>\n\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\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

\n \n <\/i>\n Fact-Checked\n <\/summary>\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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Key Takeaways<\/h2>\n

Open container laws prohibit the presence of any unsealed container carrying an alcoholic beverage. In almost all states, these laws ban open containers for the driver of a vehicle. Yet, state laws vary in the rules for passengers’ alcohol. A few states now also have laws for unsealed containers of cannabis. Violations are usually traffic infractions or misdemeanor crimes.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

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.<\/p>\n

Part of these laws also deal with open alcohol containers and cannabis vessels in a vehicle. When enforced, states have seen fewer alcohol-related traffic fatalities<\/a>.<\/p>\n

Open container laws ban the drinking and\u00a0possession of open alcoholic beverages<\/a>\u00a0in 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.<\/p>\n

Below, you will find essential information on open container laws by state. If you face a violation, speak to a DUI lawyer<\/a> about these laws and whether you may reduce or avoid the penalties.<\/p>\n

What Is an ‘Open Container?’<\/h2>\n

An open container has a broken seal, a missing cap, or some contents removed.<\/p>\n

Under these laws, containers can include:<\/p>\n