Passengers can drink alcohol in a car in only eight states: Alaska, Connecticut, Delaware, Mississippi, Missouri, Rhode Island, Tennessee, and Virginia. In the other 42 states and the District of Columbia, open alcoholic beverages are illegal anywhere in the passenger area for everyone in the vehicle, driver or not. And even in the eight permissive states, the driver can never legally drink while behind the wheel.
The Eight States That Allow Passenger Drinking
All eight states share one rule: the driver stays sober and doesn’t have an open container. Beyond that, each handles passenger drinking slightly differently.
- Mississippi is the only state with no statewide open container law at all. Drivers and passengers may both have open alcohol in the vehicle so long as the driver isn’t impaired. City and county ordinances may still prohibit it locally.
- Connecticut prohibits drinking only while “operating” a vehicle, which leaves passengers free to possess and consume.1Connecticut General Assembly. Open Alcohol Containers in Motor Vehicles, Connecticut Law
- Virginia allows passenger drinking, but with a catch explained below.2Virginia Code Commission. Virginia Code 18.2-323.1 – Drinking While Operating a Motor Vehicle; Possession of Open Container
- Tennessee permits passenger possession and consumption. A violation is a Class C misdemeanor punishable by fine only, and cities and counties can add their own rules on top.3Justia. Tennessee Code 55-10-416 – Open Container Law
- Alaska lets passengers possess and consume open containers.
- Missouri restricts only the driver.
- Delaware allows passengers to consume; drivers can’t possess an open container in the passenger area.
- Rhode Island allows passengers to possess and consume; the driver may not.
Why Virginia Is Different
Virginia treats an open container in the passenger area as a rebuttable presumption that the driver was drinking, if the driver also shows any physical sign of consumption such as the odor of alcohol or slurred speech. That means a passenger’s open bottle can put the driver on the hook, and the driver has to prove in court that he or she wasn’t the one drinking.2Virginia Code Commission. Virginia Code 18.2-323.1 – Drinking While Operating a Motor Vehicle; Possession of Open Container If you’re driving in Virginia, a passenger’s legal right to drink can still create real legal exposure for you.
What Counts as an Open Container in the Other 42 States
In roughly 40 states and the District of Columbia, open alcohol is prohibited anywhere in the passenger area for every occupant. An “open container” means any bottle, can, or receptacle holding any amount of alcohol that has been opened, has a broken seal, or has had contents removed.4Office of the Law Revision Counsel. 23 U.S. Code 154 – Open Container Requirements Beer, wine, and liquor are treated the same. A recorked wine bottle with a quarter gone is no different from an open beer can.
Where to Put Opened Bottles
In a sedan, the trunk works. In SUVs, hatchbacks, station wagons, and minivans without a separate trunk, most states define “passenger area” to exclude the space behind the last upright rear seat, so putting the bottle back there keeps you compliant.
A couple of wrinkles are worth knowing. In several states, the glove compartment is part of the passenger area unless it locks, and a utility compartment counts as part of the cabin. Alaska requires open containers transported behind the rear seat of a trunkless vehicle to be enclosed inside a second container. If you’re crossing state lines in an SUV, a sealed bag behind the rear seats is the safest universal move.
Exceptions: Limos, Taxis, Party Buses, and RVs
Even strict states carve out exceptions. Federal law allows states to permit passenger drinking in two categories of vehicles without losing compliance: those designed and used to transport people for compensation, and the living quarters of motorhomes.4Office of the Law Revision Counsel. 23 U.S. Code 154 – Open Container Requirements
Arizona is a typical example: the state bans open containers for all occupants but exempts passengers in limousines, taxis, and transportation network company vehicles, as well as passengers in the living quarters of a motorhome.5Arizona Legislature. Arizona Revised Statutes 4-251 – Spirituous Liquor in Motor Vehicles; Prohibitions; Violation; Classification; Exceptions; Definitions
The RV exception generally applies only to the living quarters, not the driver’s cab. A passenger sitting on the couch or at the dinette in a motorhome can typically have an open drink, but the same drink becomes illegal if the passenger moves to the front seat. The vehicle also has to have permanent living quarters, not just a cargo area with a folding chair.
What About Uber and Lyft?
Rideshare vehicles fall in a gray zone. Some state statutes list “taxis, buses, and limousines” without mentioning transportation network companies, leaving it to courts to decide whether a rideshare driver’s personal car qualifies as a hired-transport vehicle. Arizona spells out that rideshare vehicles are included; many states don’t.5Arizona Legislature. Arizona Revised Statutes 4-251 – Spirituous Liquor in Motor Vehicles; Prohibitions; Violation; Classification; Exceptions; Definitions
The rideshare companies close the question themselves. Lyft’s policy tells riders to finish any drinks before the driver arrives, and an open container can get a rider deactivated from the platform.6Lyft Help. Zero-Tolerance Drug and Alcohol Policy Even where the law might not ticket you, the platform can. Don’t bring open alcohol into a rideshare.
What Happens If You Get Caught
Fines for a first open container violation generally run from about $50 to $500, though some states go higher. Some jurisdictions treat it as a civil infraction with no criminal record; others classify it as a misdemeanor that can carry probation or short jail time on paper.
Can the Driver Be Charged for a Passenger’s Bottle?
In many states that prohibit passenger open containers, the driver can also face consequences when an officer finds an open container in the passenger area, even if the bottle clearly belonged to a passenger. Some states resolve this by statute and bar prosecution of a driver based solely on another occupant’s container. Others presume the container belongs to the driver unless someone else claims it. Which approach your state takes is worth knowing before you assume you’re insulated from your passenger’s choices.
Open Containers and DUI Stops
The bigger risk usually isn’t the container charge itself. An open container in view gives an officer probable cause to investigate further, and a broken-taillight stop can turn into a field sobriety test quickly once an open bottle is visible. In several states, having an open container in the vehicle during a DUI arrest enhances the penalties, meaning higher minimum jail time, larger fines, or both, on top of the DUI itself. Virginia’s rebuttable presumption is the clearest version of this dynamic, but the underlying pattern shows up elsewhere too.
Commercial Drivers
If you hold a commercial driver’s license, the stakes climb sharply. A first conviction for operating a commercial motor vehicle under the influence brings a one-year CDL disqualification; a second means lifetime disqualification, though most states allow reinstatement after 10 years with a rehabilitation program.7eCFR. 49 CFR Part 383 – Commercial Driver’s License Standards; Requirements and Penalties An open container citation alone doesn’t trigger those penalties, but if it escalates to a DUI charge or a test refusal, the CDL consequences can end a career.
Cannabis Rules Are Different
The alcohol rules above don’t automatically cover marijuana. As more states legalize recreational cannabis, many have adopted open container rules for it that mirror the alcohol framework: unsealed cannabis products can’t be in the passenger area of a moving vehicle. Colorado, Illinois, and Massachusetts, among others, require cannabis to be stored in the trunk or, in trunkless vehicles, behind the last upright seat or in a sealed, child-resistant container. Illinois goes further and requires cannabis containers to be sealed, odor-proof, and child-resistant regardless of location. These rules are newer and vary more than the alcohol rules, so check your specific state before a road trip.