Open Container Laws by State

Open container laws prohibit the possession of open containers of alcohol in public places and motor vehicles. Although the exact terms may vary from state to state, all states generally consider a violation of an open container law a criminal offense.

What is an Open-Container?

Many different kinds of containers could potentially result in a violation of open container laws or DUI/DWI, including:

1. Cans
2. Bottles
3. Flasks
4. All other containers holding alcohol

States also broadly define what it means for a container to be “open.” In most cases, a container is opened if:

• Some of the contents have been removed
• The seal is broken
• The cap is off the bottle
• It otherwise makes alcohol readily accessible

What About Marijuana Open Container Laws?

In states that have legalized marijuana possession, open-container laws apply to marijuana as well. Typically, the regulations are similar for cannabis as for alcohol. This means a container of marijuana cannot be opened or readily accessible to the driver of a vehicle. In states where marijuana remains illegal, however, possessing any cannabis product in the car could result in criminal possession charges.

Marijuana open-container laws vary by state and are still evolving as more states legalize marijuana. In some states, such as Colorado and Washington, laws prohibit marijuana consumption while driving or in a vehicle, and penalties may include fines, license suspension, or even jail time.

The definition of an open container may vary for marijuana compared to alcohol. While an open container of alcohol may be defined as a container with a broken seal or that has been partially consumed, an open container of marijuana may involve an opened package. It may include various cannabis products such as edibles, concentrates, or loose flowers.

In any case, it is always safest to transport marijuana and other cannabis products in a secure, sealed container in the trunk or other inaccessible area of the vehicle to avoid any potential legal issues.

Open Container Laws by State

Here is a list of open container laws by state:

• Alabama: §32-5A-330 – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• Alaska: §28.35.029 – Implied consent law, passengers can consume alcohol, penalty is a fine
• Arizona: §4-251 – No implied consent law, passengers cannot consume alcohol, penalty is a fine and possible jail time
• Arkansas: §5-71-212 – No implied consent law, passengers can possess open containers, penalty is a fine and possible jail time
• California: §23220 – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• Colorado: §42-4-1305 – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• Connecticut: §53a-213 – Implied consent law, passengers can consume alcohol, penalty is a fine and possible jail time
• Delaware: Tit. 21, §4177J – Implied consent law, passengers can consume alcohol, penalty is a fine
• District of Columbia: §25-1001 – No implied consent law, passengers cannot consume alcohol, penalty is a fine and possible jail time
• Florida: §316.1936 – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• Georgia: §40-6-253 – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• Hawaii: §291-3.1 et seq – No implied consent law, passengers cannot consume alcohol, penalty is a fine and possible jail time
• Idaho: §23-505 – No implied consent law, passengers cannot consume alcohol, penalty is a fine and possible jail time
• Illinois: §5/11-502 – No implied consent law, passengers cannot consume alcohol, penalty is license suspension
• Indiana: §9-30-15-1 et seq – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• Iowa: §321.284 – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• Kansas: §8-1599 – No implied consent law, passengers cannot consume alcohol, penalty is a fine and possible jail time
• Kentucky: §189.530 – No implied consent law, passengers cannot consume alcohol, penalty is a fine and possible jail time
• Louisiana: §32:300 – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• Maine: Tit. 29-A, §2112-A – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• Maryland: §10-123 et seq – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• Massachusetts: Ch. 90, §24I – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• Michigan: §257.624a – No implied consent law, passengers cannot consume alcohol, penalty is a fine and possible jail time, license points
• Minnesota: §169A.35 Subd. 2 – No implied consent law, passengers cannot consume alcohol, penalty is a fine and possible jail time
• Mississippi: None – No implied consent law, passengers can consume alcohol, no penalty specified
• Missouri: §577.017 – Implied consent law, passengers can consume alcohol, penalty is a fine
• Montana: §61-8-460 et seq – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• Nebraska: §60-6,211.08 – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• Nevada: §484B.150 – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• Nebraska: §60-6,211.08 – No implied consent law, passengers cannot consume alcohol, penalty is a fine
• New Hampshire: §265-A:44 – No implied consent law, passengers cannot consume alcohol, penalty is a fine and license suspension
• New Jersey: §39:4-51a – No implied consent law, penalty is a fine and possible community service
• New Mexico: §66-8-138 – No implied consent law, penalty is a fine and possible jail time and license suspension
• New York: Vehicle & Traffic Law §1227 – No implied consent law, penalty is a fine
• North Carolina: §18B-401 – No implied consent law, penalty is a fine and possible jail time
• North Dakota: §39-08-18 – No implied consent law, penalty is a fine Ohio: §4301.62 – No implied consent law, penalty is a fine and possible jail time
• Oklahoma: Tit. 21, §1220 – No implied consent law, penalty is a fine and possible jail time
• Oregon: §811.170 – No implied consent law, penalty is a fine
• Pennsylvania: Tit. 75, §3809 – No implied consent law, penalty is a fine and possible jail time
• Rhode Island: §31-22-21.1 – Implied consent law, passengers can consume alcohol, penalty is a fine and possible license suspension
• South Carolina: §61-4-110 – No implied consent law, penalty is a fine and possible jail time
• South Dakota: §35-1-9.1 – No implied consent law, penalty is a fine and possible jail time
• Tennessee: §55-10-416 – Implied consent law, passengers can consume alcohol, penalty is a fine
• Texas: §49.031 – No implied consent law, penalty is a fine Utah: §41-6a-526 – No implied consent law, penalty is a fine and possible jail time
• Vermont: Tit. 23, §1134 – No implied consent law, penalty is a fine
• Virginia: §4.1-309.1 – Implied consent law, passengers can consume alcohol, penalty is a fine and possible jail time
• Washington: §46.61.519 – No implied consent law, penalty is a fine
• West Virginia: §60-6-9 – No implied consent law, passengers can possess an open container, penalty is a fine and possible jail time
• Wisconsin: §346.935 – No implied consent law, penalty is a fine
• Wyoming: §31-5-235 – No implied consent law, penalty is a fine and possible jail time

Do I Need to Hire a Lawyer for Help with State Open Container Laws?

If you’ve been arrested, a DUI/DWI lawyer can provide you with legal advice and guidance regarding open container laws and other related offenses. They can also represent you in court and help you to build a strong defense to protect your rights and interests.

Seek legal counsel as soon as possible if you have been arrested or charged with a criminal offense, as delays can impact your case and legal options.