Overview of Open Container Laws

Overview of Open Container Laws

In 1998, as part of the Transportation Equity Act for the 21st Century Restoration Act, a federal program was created to encourage states to enact laws prohibiting the possession of alcohol in the passenger areas of motor vehicles. The federal program essentially provided that if states did not enact the so-called "open-container" laws, the states would be subject to a penalty transfer of federal highway construction funds to the state's safety grant program. Since the passage of the federal act, the vast majority of states have passed "open-container" laws that satisfy the federal requirements.

The majority of the state statutes comply with the six requirements established by the federal legislation. First, the statutes prohibit both possession of any open alcoholic beverage container and consumption of any alcoholic beverage. Second, the statutes cover the passenger area of any motor vehicle, including unlocked glove compartments and any other areas of the vehicle that are readily accessible to the driver or passengers. Third, the statutes apply to all open alcoholic beverage containers and all alcoholic beverages. Fourth, the statutes apply to all vehicle occupants except for passengers of vehicles used primarily for the transportation of people for compensation or the living quarters of motor homes. Fifth, the statutes apply to all vehicles on a public highway or the right-of-way of a public highway. Finally, the statutes do not require probable cause that another violation has been committed before allowing enforcement of the open container law.

The penalties for violating the "open-container" laws vary dramatically by state. For example, a driver in Florida will be subject to a fine of up to $50 for a violation. However, a driver in Hawaii can be subject to up to 30 days in jail and a fine of up to $2,000 for a first offense. As with most offenses, the fines and penalties will be increased for each subsequent offense. Although the penalties vary dramatically, the offense is labeled by most states as either a misdemeanor or a petty misdemeanor.