OPEN CONTAINER LAWS

Overview of Typical Statutes

The offense of having an "open container" of ALCOHOL inside the passenger compartment of your vehicle. Open container laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of a motor vehicle. Since every state has laws to prevent and punish impaired driving, open container laws are considered by police agencies to be an important tool in their crusade against impaired driving.

Federal "Strong Arm" Tactics Force All States to Pass Some Form of Statute

Section 154 of 23 U.S.C. required that states have an open container law in place by October 1, 2000. States without this law would have a portion of their federal aid highway construction funds redirected into other state safety activities each year, beginning in Fiscal Year 2001. The redirected monies would go to the state's Section 402 highway safety program to be used for alcohol-impaired driving countermeasures or for enforcement of anti drunk driving laws. Alternatively, the state could elect to use the monies for the state's hazard elimination program under Section 152. All states passed some form of legislation, to keep highway money flowing to where it was needed.

Some states passed statutes that are extremely restrictive (i.e., you cannot carry any bottle, container or can on which the 'seal' has been broken) in ANY part of the vehicle that a driver could access (including the glove compartment). Others take a more sensible approach, and permit containers to be kept inside a locked glove box. Some states (e.g. Alabama), make the offense a minor offense with only a $25 fine. (See Alabama statute below).

Points May Be Assessed

Some states , (e.g., Georgia) add points to your license for driving with the open container in the car, while others (e.g., South Carolina) may even suspend the driver's license of underage drivers and underage passengers, where an open container is inside a moving vehicle.

License Suspension or Revocation

Each state's laws are different. To learn whether your license is subject to suspension or revocation, or whether you face jail time or other penalties, contact knowledgeable legal counsel in your state.

Alabama's Statute

Ala.Code 1975 § 32-5A-330
CODE OF ALABAMA.
TITLE 32. MOTOR VEHICLES AND TRAFFIC.
CHAPTER 5A. RULES OF THE ROAD.
ARTICLE 15. POSSESSION OF OPEN CONTAINER OF ALCOHOLIC BEVERAGES
Current through End of 2000 Regular Session

§ 32-5A-330. Definitions; applicability; violations.

(a) As used in this section, the following terms are defined:

(1) OPEN CONTAINER. A container which is other than in the manufacturer's sealed condition.
(2) PUBLIC HIGHWAY or RIGHT-OF-WAY OF A PUBLIC HIGHWAY. The entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way when any part is open to the use of the public for purposes of motor vehicle travel.

(b) It is unlawful for a person to have in his or her possession alcoholic beverages in an open container in the passenger area of a motor vehicle of any kind on a public highway or right-of-way of a public highway of this state.

(c) This section shall not apply to:

(1) A passenger of a motor vehicle designed, maintained, or primarily used for the transportation of persons for compensation and the driver holds a valid commercial driver's license.
(2) A passenger of a bus for which the driver holds a valid commercial driver's license.
(3) A passenger of a motorized or non-motorized self-contained camper, motor home, house coach, or house trailer.
(4) A motor vehicle trunk, storage, or luggage compartment or a truck bed, storage, or cargo compartment.
(5) A locked case placed in an area that is not readily accessible behind the front seat of a pickup truck which has no trunk or separate enclosed area other than the cab of the truck.
(6) A driver who does not have knowledge of and cannot access alcoholic beverages in an open container in the passenger area of the vehicle.
(7) A motor vehicle which is parked or idle and does not have the engine running. This does not apply to the right-of-way of a public highway.

(d) This section shall not be construed to prohibit the transporting of alcoholic beverages in closed containers.

(e) A person who violates the provisions of this section is guilty of a Class C misdemeanor and, upon conviction, shall be fined not more than twenty-five dollars ($25), and court costs shall not be assessed.

(f) The penalties provided for violation of this section shall not constitute a moving violation and shall not have any effect on the driver's license points.

The act which added this section is effective August 1, 2000.