Laws by State
Legal Open Container States 2025
Can Passengers Consume Alcohol?
Yes
No
State | Can Passengers Consume Alcohol?↓ | Implied Consent Law | Penalty | Additional Details | |
|---|---|---|---|---|---|
 | Alaska | Yes | §28.35.029 | Fine | |
 | Connecticut | Yes | §53a-213 | Fine and possible jail time | |
 | Delaware | Yes | Tit. 21, §4177J | Fine | |
 | Mississippi | Yes | None | ||
 | Missouri | Yes | §577.017 | Fine | |
 | Rhode Island | Yes | §31-22-21.1 | Fine and possible license suspension | |
 | Tennessee | Yes | §55-10-416 | Fine | |
 | Virginia | Yes | §4.1-309.1 | Fine and possible jail time | Open containers held by passengers can create a rebuttable presumption the driver was drinking. |
 | Alabama | No | §32-5A-330 | Fine | |
 | Arizona | No | §4-251 | Fine and possible jail time | |
 | Arkansas | No | §5-71-212 | Fine and possible jail time | Consumption prohibited, but possession of open containers is allowed. |
 | California | No | §23220 | Fine | |
 | Colorado | No | §42-4-1305 | Fine | |
 | District of Columbia | No | §25-1001 | Fine and possible jail time | |
 | Florida | No | §316.1936 | Fine | |
 | Georgia | No | §40-6-253: | Fine | |
 | Hawaii | No | §291-3.1;et seq: | Fine and possible jail time | |
 | Idaho | No | §23-505 | Fine and possible jail time | |
 | Illinois | No | §5/11-502 | License suspension | |
 | Indiana | No | §9-30-15-1et seq | Fine | |
 | Iowa | No | §321.284 | Fine | |
 | Kansas | No | §8-1599 | Fine and possible jail time | |
 | Kentucky | No | §189.530 | Fine and possible jail time | |
 | Louisiana | No | §32:30 | Fine | |
 | Maine | No | Tit. 29-A, §2112-A | Fine | |
 | Maryland | No | §10-123et seq | Fine | |
 | Massachusetts | No | Ch. 90, §24I | Fine | |
 | Michigan | No | §257.624a | Fine and possible jail time, license points | |
 | Minnesota | No | §169A.35 Subd. 2 | Fine and possible jail time | |
 | Montana | No | §61-8-460et seq | Fine | |
 | Nebraska | No | §60-6,211.08 | Fine | |
 | Nevada | No | §484B.150 | Fine and possible jail time | |
 | New Hampshire | No | §265-A:44 | Fine and license suspension | |
 | New Jersey | No | §39:4-51a | Fine and possible community service | |
 | New Mexico | No | §66-8-138: | Fine and possible jail time, license suspension | |
 | New York | No | Vehicle & Traffic Law §1227:. | Fine | |
 | North Carolina | No | §18B-401 | Fine and possible jail time | |
 | North Dakota | No | §39-08-18 | Fine | |
 | Ohio | No | §4301.62 | Fine and possible jail time | |
 | Oklahoma | No | Tit. 21, §1220 | Fine and possible jail time | |
 | Oregon | No | §811.170 | Fine | |
 | Pennsylvania | No | Tit. 75, §3809 | Fine and possible jail time | |
 | South Carolina | No | §61-4-110 | Fine and possible jail time | |
 | South Dakota | No | §35-1-9.1 | Fine and possible jail time | |
 | Texas | No | §49.031 | Fine | |
 | Utah | No | §41-6a-526 | Fine and possible jail time | |
 | Vermont | No | Tit. 23, §1134 | Fine | |
 | Washington | No | §46.61.519 | Fine | |
 | West Virginia | No | §60-6-9 | Fine and possible jail time | Consumption prohibited, but possession of open containers is allowed. |
 | Wisconsin | No | §346.935 | Fine | |
 | Wyoming | No | §31-5-235: | Fine and possible jail time |
Is It Legal To Walk Around With an Open Container of Alcohol?
There are a lot of people who enjoy drinking socially, particularly when they are hanging out with their friends and family members. Typically, it must be consumed on private property or in a restaurant with a valid license. Generally, it is illegal to walk around town with an open container of alcohol. Even though some try to conceal it, it can lead to a drinking ticket, which can ruin your day. It is important to look at the local area’s regulations before deciding to walk around with an open container of alcohol. There are several locations where it is legal.
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.
Mississippi is the only state that has no penalty for having an open container. In all other states, the penalties can range from fines risible j ail time, to suspension of one’s driver’s license if the infraction happened while in a vehicle.
Can Cities Have Open Container Laws?
Some cities have laws against having an open container. Therefore, even if the state does not have an open container law, it is important to look closely at local regulations to see if the city prevents people from walking around with an open container. If you have questions about whether the city has an open container law, you should walk into a restaurant and talk to the bartender. They will be able to tell you if there is a law against it in the city.
What Cities Are Good Places To Walk Around With an Open Container?
People commonly like to walk around in several cities in open containers. One of the most common examples is Las Vegas. Las Vegas is one of the country’s biggest entertainment capitals, and many people enjoy walking around with a cocktail or a beer on a Friday night as they take in the lights. Some people even line up on the streets to sell alcohol.
New Orleans is another fun place to walk around with an open container. Many festivals in New Orleans take place throughout the year, and one of the biggest examples is Mardi Gras. New Orleans has one of the biggest Mardi Gras celebrations in the world, and it is a common sight to see people walking around with an open container.
Many people also like to walk around Savannah, Georgia with an open container. Savannah is a beautiful city with a lot of history, and many people like to relax and watch the waves roll in on the beach.
