Alabama Open Container Laws

Alabama Code, Title 32, Chapter 5A, Article 15

• Ala. Code § 32-5A-330

An open container is any container other than the manufacturer’s sealed container. (§ 32-5A-330(a)(1)). For example:

• An open beer or liquor bottle
• A personal water bottle containing wine or any other type of alcohol

A public highway (or a right-of-way of a public highway) is the area between and immediately adjacent to the boundary lines of the following when they are open to the public for purposes of motor vehicle travel (§ 32-5A-330(a)(2)). This includes:

• Public roads
• Streets
• Highways
• Interstate
• Any other publicly maintained roadway

A person who has alcoholic beverages in an open container in the passenger area of a motor vehicle on any public highway or right-of-way of a public highway in Alabama violates Alabama’s open container law (§ 32-5A-330(b)).

The open container law does not apply to the following:

• A passenger of a motor vehicle designed, maintained, or primarily used to transport people for compensation, and the driver holds a valid commercial driver’s license (§ 32-5A-330(c)(1)).
• A passenger of a bus for which the driver holds a valid commercial driver’s license (§ 32-5A-330(c)(2)).
• A passenger of a motorized or non-motorized self-contained camper, motor home, house coach, or house trailer (§ 32-5A-330(c)(3)).
• A motor vehicle trunk, storage, or luggage compartment or a truck bed, storage, or cargo compartment (§ 32-5A-330(c)(4)).
• A locked case placed in an area that is not readily accessible behind the front seat of a pickup truck that does not have a trunk or separate enclosed area other than the truck’s cab (§ 32-5A-330(c)(5)).
• A driver who does know of and cannot access the open container of an alcoholic beverage in the passenger area of the vehicle (§ 32-5A-330(c)(6)).
• A parked or idle motor vehicle that does not have the engine running. This exception does not apply to the right-of-way of a public highway (§ 32-5A-330(c)(7)).

In addition, the open container law does not prohibit a person from transporting alcoholic beverages in closed containers (§ 32-5A-330(d)).

A violation of Alabama’s open container laws is a Class C misdemeanor. A conviction carries a penalty of up to $25 (§ 32-5A-330(e)).

A conviction does not constitute a moving violation and does not affect one’s driver’s license points (§ 32-5A-330(f)).