United States Open Container Laws - Open Containers in Vehicles

Open Containers in Vehicles

To comply with TEA-21, a state's motor vehicle open container laws must:

• Prohibit both possession of any open alcoholic beverage container and consumption of any alcoholic beverage;
• 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 while in their seats;
• Apply to all open alcoholic beverage containers and all alcoholic beverages, including beer, wine, and spirits that contain one-half of one percent or more of alcohol by volume;
• Apply to all vehicle occupants except for passengers of vehicles designed, maintained or used primarily for the transportation of people for compensation (such as buses, taxi cabs, and limousines) or the living quarters of motor homes;
• Apply to all vehicles on a public highway or the right-of-way (i.e. on the shoulder) of a public highway;
• Require primary enforcement of the law, rather than requiring probable cause that another violation had been committed before allowing enforcement of the open container law.

Currently, 39 states and the District of Columbia are in compliance. Alaska, Louisiana, Tennessee, and Wyoming have similar limits on the possession of open containers in vehicles, but not to the level of TEA-21 compliance.