Open Container Laws by State
Open container rules for every U.S. state — most ban open alcohol in the passenger area of a vehicle.
Open container laws decide whether you may have an open alcoholic drink inside a vehicle. Most states ban open containers in the passenger area (and often the driver's reach); a few are more permissive about sealed areas like the trunk. The table below summarizes each state.
| State | Open container rule |
|---|---|
| Alabama | Illegal to have open container in vehicle |
| Alaska | Illegal to have open container in vehicle |
| Arizona | Illegal to have open container in vehicle |
| Arkansas | Illegal to have open container in vehicle |
| California | Illegal to have open container in vehicle |
| Colorado | Illegal to have open container in vehicle |
| Connecticut | Illegal to have open container in vehicle |
| Delaware | Illegal to have open container in vehicle |
| Florida | Illegal to have open container in vehicle |
| Georgia | Illegal to have open container in vehicle |
| Hawaii | Illegal to have open container in vehicle |
| Idaho | Illegal to have open container in vehicle |
| Illinois | Illegal to have open container in vehicle |
| Indiana | Illegal to have open container in vehicle |
| Iowa | Illegal to have open container in vehicle |
| Kansas | Illegal to have open container in vehicle |
| Kentucky | Illegal to have open container in vehicle |
| Louisiana | Illegal to have open container in vehicle |
| Maine | Illegal to have open container in vehicle |
| Maryland | Illegal to have open container in vehicle |
| Massachusetts | Illegal to have open container in vehicle |
| Michigan | Illegal to have open container in vehicle |
| Minnesota | Illegal to have open container in vehicle |
| Mississippi | Illegal to have open container in vehicle |
| Missouri | Illegal to have open container in vehicle |
| Montana | Illegal to have open container in vehicle |
| Nebraska | Illegal to have open container in vehicle |
| Nevada | Illegal to have open container in vehicle |
| New Hampshire | Illegal to have open container in vehicle |
| New Jersey | Illegal to have open container in vehicle |
| New Mexico | Illegal to have open container in vehicle |
| New York | Illegal to have open container in vehicle |
| North Carolina | Illegal to have open container in vehicle |
| North Dakota | Illegal to have open container in vehicle |
| Ohio | Illegal to have open container in vehicle |
| Oklahoma | Illegal to have open container in vehicle |
| Oregon | Illegal to have open container in vehicle |
| Pennsylvania | Illegal to have open container in vehicle |
| Rhode Island | Illegal to have open container in vehicle |
| South Carolina | Illegal to have open container in vehicle |
| South Dakota | Illegal to have open container in vehicle |
| Tennessee | Illegal to have open container in vehicle |
| Texas | Illegal, including in passenger area |
| Utah | Illegal to have open container in vehicle |
| Vermont | Illegal to have open container in vehicle |
| Virginia | Illegal to have open container in vehicle |
| Washington | Illegal to have open container in vehicle |
| West Virginia | Illegal to have open container in vehicle |
| Wisconsin | Illegal to have open container in vehicle |
| Wyoming | Illegal to have open container in vehicle |
How open container laws work
An "open container" is typically any bottle, can, or receptacle with a broken seal or partially removed contents. A violation is usually a separate traffic infraction from DUI, but having an open container can strengthen evidence of impairment. Passengers are covered in most states, though a few exempt passengers in vehicles for hire or in living quarters of motor homes.
Frequently Asked Questions
Is an open container illegal in most states?
Yes. The large majority of states prohibit open containers of alcohol in the passenger compartment of a vehicle, for both drivers and passengers.
Does an open container count as DUI?
No — it is usually a separate infraction. But it can be used as evidence of impairment if you are also stopped for DUI.
Are passengers exempt anywhere?
A few states allow passengers to have open containers, or exempt vehicles for hire and the living quarters of motor homes. Check your state page for specifics.