Open Container Laws: State by State

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First of all, it’s never okay to drive while you are drunk. That is illegal in every state. But what if you are not drunk? And what if you’re not drinking but your passengers are, what is the law then? It is definitely conceivable that driving around from tailgate to tailgate, or shuttling friends from one kegger to the next, you might end up with an open container of booze in your car, brought by one of your very intoxicated friends. So what happens if you get pulled over and somebody has this open container in your car? Well, in most states, you’re fucked. Even if you, as the driver, are totally sober and are above the legal drinking age…

But the Federal government does not pass open-container laws for the whole country, instead leaving it up to each state to decide on it’s own. States are encouraged to pass these laws by promises of federal highway building funds, but for a variety of reasons, a few states have never passed these laws (often it is out of a fear that imposing them would impact the money gained by the sale of alcohol).

Where Can I do it?
Right now, 39 states meet the full federal requirements for the open container law, which states that “there must be no possession or consumption of alcoholic beverages by any passengers, anywhere in a motor vehicle on a public highway or right-of-way.”

The other 11 states are the only ones that have different open container laws. Some vary in their definition of a “motor vehicle” or an “open container” and most prohibit consumption by a driver, but in four cases (Delaware, Mississippi, Missouri, and West Virginia) there really is no law governing open containers at all.

Here is the break-down state by state:

Alaska
The exception here is that you can have an open container on a “Motor-Driven Cycle,” with less than 50 cc of engine displacement (A small scooter).

Arkansas
No state-wide Open Container law, but it’s illegal in Arkansas to drink in a public place, which includes highways or any vehicles commonly used for transportation.

Connecticut
Illegal for the driver, but passengers can get as blitzed as they want, as long as they are of legal age, of course.

Delaware
No state-wide Open Containers law.

Louisiana
There is a ban on open containers, but there is an exception for frozen alcoholic beverages with lids on them. So you can carry a Hurricane or Strawberry Daiquiri, but you can’t drink it (or even put a straw in it).

Mississippi
No state-wide Open Containers law.

Missouri
No state-wide Open Containers law

Tennessee
The law prohibits the possession of a beverage or consumption by the driver of a motor-vehicle, but it also states that a passenger can have possession of a beverage.

Virginia
No state-wide Open Containers law. But the law does prohibit the consumption of a beverage by a person driving a car. Furthermore, it says that it is presumed that the driver has consumed a beverage if there is an open container and some other indicator that the driver may be drunk (slurred speech, appearance, odor, et cetera).

West Virginia
No state-wide Open Containers law

Wyoming
No open container while driving (your passenger can have one). Also, you can have resealed wine with you and that does not count as wine.

So… Party on in West Virginia?
Again, it’s still never okay to drive while intoxicated. But if you’ve ever heard stories about people being able to drink a beer while driving in certain states, it may have been true (it was allowed in Texas until 2001). Currently only four states allow this, and only a handful more allow your passengers to have open containers.

As you can see from the map, open containers are not allowed in most places. Open container laws are very complex, with some counties and municipalities passing their own laws and punishments. The bottom line is that it is probably not worth the risk. But now you know…

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