What state allows open containers?

Asked by: Brielle McCullough  |  Last update: November 17, 2025
Score: 4.7/5 (73 votes)

Except for one state, Guam, Puerto Rico and the District of Columbia, all states have laws prohibiting the consumption or possession of open containers of alcohol while in a motor vehicle. Mississippi and the Virgin Islands do not have statutes regulating the consumption or possession of alcohol in motor vehicles.

Which states allow open containers in cars?

Arkansas, Connecticut, Delaware, Mississippi, Missouri, Virginia, and West Virginia allow open alcohol containers in vehicles. Of these, Mississippi is the only state that allows the driver to drink – in the others, only passengers may drink.

In what states is it legal to drink in public?

While a few states do ban public drinking anywhere within state lines (noted on the map in red), the rest—Idaho, Wyoming, North Dakota, South Dakota, Minnesota, Wisconsin, Illinois, Michigan, North Carolina, Delaware, New Jersey, Connecticut, Massachusetts, Rhode Island, New Hampshire, Vermont, Maine and Alaska—don't ...

Where can you open container in the US?

Legally speaking, “public areas” refers to explicitly public spaces like parks, sidewalks, beaches, and, controversially, private vehicles on the street. Open container laws do not extend to private property that is open to the public, like sports stadiums, concert arenas, bars, and restaurants.

Can we carry alcohol in a car in the USA?

Generally, the law allows an open container in your vehicle's trunk, locked glove compartment, or unreachable space from the passenger area. You can have open containers in certain types of vehicles when you're a passenger. These include: Limousines.

Open Container Violation | Paul Giuffre | Free DUI Guide

36 related questions found

What states can you drink in the passenger seat?

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.

Can you drink while driving in any state?

Can You Ever Drink in Your Vehicle? Much like the state's open container laws, California also forbids the consumption of alcohol by both drivers and passengers in a vehicle on a public roadway. Under Vehicle Code Section 23221, you are guilty of an infraction for drinking in a car on any public road.

Can passengers drink alcohol in a 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.

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.

How do you get around open container law?

Navigating Exceptions and Gray Areas

Despite the strict nature of open container laws, there are recognized exceptions that provide some flexibility. For instance, passengers in certain private transportation services, such as limousines or party buses, may be exempt from these regulations.

Can you drink alcohol on a picnic?

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.

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.

Is alcohol illegal in all 50 states?

In the United States, each state has the authority to regulate the production, sale, and distribution of alcohol within its borders. This means state and local jurisdictions may have their own requirements in addition to federal requirements.

Are there any unique or surprising alcohol laws in your state?

No beer with a label that implies health benefits in California In California, it is illegal to sell beer with a label that implies health benefits. This law was put in place to prevent misleading advertising and to ensure that customers are aware of the potential risks associated with drinking alcohol.

Can the driver drink in Mississippi?

You're permitted to drive while drinking an adult beverage in Mississippi as long as you are below the legal blood alcohol limit for intoxication, which is . 08 for adults, . 04 for commercial drivers, and . 02 for minors under the age of 21.

What is the lowest drinking age in the world?

At 13, Burkina Faso is the country with the youngest age of alcohol consumption.

In what states can you buy alcohol 24 hours a day?

Nevada, in contrast to its neighbor Utah, is the only state where you can buy alcohol any hour of the day. Unlike other states with a designated time that bars must close (usually 1 to 4 a.m.), Nevada has no required "last call."

What is the drinking age in Japan?

Enjoying local drinks is a highlight for many travelers, especially when shared with a group or a new local friend in a cozy bar. The legal drinking age in Japan is 20. As long as you're over 20, you're free to drink in Japan—just remember to carry your passport for ID.

Can you legally 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.

Can you drink in an Uber in California?

Are Open Containers Allowed in Uber or Lyft Vehicles? There is one exception to California's open container law: passengers in taxis, private buses, limousines, and other hired vehicles can have open containers of alcohol.

How long does it take the body to get rid of one alcoholic drink?

As a general rule, most individuals process one standard drink (one beer, one glass of wine, or one shot) per hour. The human body is very effective at processing alcohol, provided that the alcohol is not consumed so quickly that alcohol poisoning occurs.

What is the deadliest state for drunk driving?

1. Wyoming. Wyoming leads the nation in drunk driving deaths per 100,000 people, according to the NHTSA. Critics blast the state's lenient drunk driving laws and absence of sobriety checkpoints.

Is it legal to carry a flask?

Legality (US, UK)

Many locations in the United States have laws prohibiting to carrying alcohol in open containers in public, which includes hip flasks, whether carried on one's person or in the passenger cabin or compartment of a vehicle.

What state has the toughest drunk driving laws?

Arizona is frequently cited as having the most rigorous DUI laws in the nation for first-time offenders. The state implements measures that are often reserved for repeat offenders in other regions.

What states allow open alcohol in cars?

What States Have No Open Container Laws? When driving a vehicle, all states and the District of Columbia do not allow the driver to have an open container. However, Alaska, Connecticut, Delaware, Mississippi, Missouri, Rhode Island, Tennessee, and Virginia all allow passengers to have an open container of alcohol.