Can passengers drink in a car?

Asked by: Lois Jakubowski  |  Last update: January 24, 2026
Score: 4.9/5 (45 votes)

Open container laws ban the drinking and possession of open alcoholic beverages in vehicles by drivers and passengers. Penalties for an open container conviction vary widely by state. You may face a small fine, receive a jail sentence, or lose your driving privileges.

Which states can you drink as a passenger?

Currently, 39 states and the District of Columbia are in full compliance with federal government guidelines. However, passengers may either possess open containers or consume alcohol in Alaska, Arkansas, Connecticut, Delaware, Louisiana, Missouri, Rhode Island, Tennessee, Virginia and West Virginia.

Is it legal to drink in the backseat in Ohio?

Alcohol consumption in a motor vehicle is always illegal in Ohio, whether you are a driver or a passenger. The only exception to this rule is in the back of a limousine if you are separated from the driver.

Can you drink in a parked car in WA?

Open Containers

Open container laws prohibit individuals from having an open alcohol container in their vehicles if they are in any public space.

Can you drink in the passenger seat in Texas?

Any open container with alcohol in it, anywhere in the passenger area of the vehicle, is illegal. Even if a passenger is consuming it. If you are pulled over and the passenger has an open container, you both can be issued an open container citation. There are some exceptions to this rule.

Can Passengers Drink in a Moving RV?

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Is it legal to have an open container in your car in Texas?

Any open container in a vehicle is illegal, even if it belongs to the passenger. However, there are some exceptions to this rule. According to the Texas Penal Code, a passenger is allowed to drink and have an open container while in a vehicle used primarily to transport people for compensation like a limo, bus or taxi.

What are the passenger laws in Texas?

Texas law requires that all children younger than eight years old, unless they are taller than 4 feet 9 inches, be secured in a child safety seat whenever they ride in a vehicle. Older children who have outgrown a booster seat must be buckled with a seat belt.

Can a passenger drink in a parked car?

Drinking in a parked car in California is generally prohibited and can still result in legal consequences. According to California Vehicle Code 23220 and 23221, it indicates that a driver and a passenger cannot consume alcohol or smoke/ingest marijuana or any marijuana product while in a vehicle.

Is it legal to drink in a limo?

As a result, many states allow passengers in limos and party buses to drink on board and underway without the act constituting a crime. For instance, in California, private buses and limos can host passengers with open containers.

Can you legally drink in a park?

California. Public consumption is only allowed in a few locales including select beaches and parks. There are a few alcohol-friendly areas in Golden Gate Park where you can imbibe wine or beer while enjoying the view, and Sonoma Plaza Park is the perfect place to set up a picnic with some local wine.

Can your parents let you drink in Ohio?

Under Ohio law, children under the age of 21 may drink alcoholic beverages while under the supervision of their parents. This means one parent (or legal guardian) must give consent and be physically present while the child consumes alcohol.

Can I carry alcohol across state lines?

Laws Vary State by State

It is generally not against the law to bring alcohol into a state. However, there are a few exceptions. In California, you can bring alcohol into the state as long as it is for personal use. Generally speaking, this means you can bring in around 60 liters, or the equivalent of five cases.

What states allow 18 year olds to drink?

With the exception of five states (Alabama, Arkansas, Idaho, New Hampshire, and West Virginia), all states and Washington, D.C., allow underage consumption of alcohol under limited circumstances, such as in the presence of parents, for religious or medical purposes, or while in a class that requires tasting.

Is it illegal to drink while pregnant?

Currently, no states criminalize alcohol use during pregnancy per se, nor do the CDC recommendations suggest that states do so. Yet, the CDC recommendations could potentially encourage an expansion of problematic law enforcement activities.

Can a passenger drink in a car in CT?

Passengers over the age of 21 are permitted to drink and have open containers in Connecticut. However, drivers are not allowed to drink while driving a motor vehicle. Also, individuals under the age of 21 can not possess alcohol in a motor vehicle.

Can truck drivers drink alcohol?

While many states have a Blood Alcohol Concentration (BAC) limit of 0.08% for regular drivers, CDL drivers are typically restricted to a BAC of 0.04% when operating a commercial vehicle. Understanding these laws is not just about compliance; it's about ensuring safety.

Can passengers drink alcohol in car in California?

To some extent, California allows passengers to consume alcohol in a vehicle. However, this only applies if the car is parked or riding on a private space or road. A driver can face severe charges for allowing passengers to drink alcohol in public, including on public roads and parking spaces.

Can passengers drink alcohol in a car in Florida?

Passengers should refrain from consuming alcohol while in the vehicle, as prohibited under Florida law. Understanding how these laws apply can help you navigate your travels without legal pitfalls.

Can passengers drink alcohol in a car in Texas?

Since Texas is in compliance with the federal TEA-21 standards regarding open containers, passengers may not consume alcohol in a moving vehicle. An open container violation is a Class C misdemeanor, resulting in a fine of up to $500.

Is it illegal to be a drunk passenger in Texas?

Even if a DWI charge is unlikely for a passenger in a moving vehicle, there are other criminal offenses that could apply. Specifically, a passenger could be charged under the state's open container law, no matter where they are sitting in the vehicle.

Is it illegal to not wear a seatbelt in the backseat in Texas?

Texas requires drivers and all passengers to wear seat belts.

What are the rules for passengers in cars?

Tips for Passengers
  • Be quiet and alert.
  • Don't create distractions for the driver.
  • Offer to help navigate.
  • Do not tolerate distracted driving. If you are a passenger in a car with a distracted driver, say something!

Can you drink in the passenger seat of a car?

According to CA Vehicle Code 23221, both the driver and passengers are prohibited from consuming alcoholic beverages while operating or riding in a motor vehicle on a highway. If anyone is drinking alcohol when being pulled over by police, the violation is punished as an infraction.

When did it become illegal to drive with an open container in Texas?

On September 1, 2001, Texas passed the Open Container Law. According to Texas Penal Code Section 49.031, any open container in a motor vehicle, whether driving or parked, located on a public highway violates the law.

Can you drink in an Uber in Texas?

"In Texas, there are limited circumstances where alcohol may legally be consumed in a vehicle. Can you drink in an Uber in Texas? It is legal to drink in an Uber, Lyft, taxi, or other motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation.