About This Policy: Transportation: Open Containers of Alcohol in Motor Vehicles
Period Covered: 1/1/1998 through 1/1/2023
This policy topic covers laws that prohibit open containers of alcoholic beverages in the passenger compartments of non-commercial motor vehicles.
Many States have adopted laws that prohibit open containers of alcohol, including beer, wine, and distilled spirits, in the passenger compartments of non-commercial motor vehicles.
Open container laws are designed to reduce impaired driving by limiting access to alcoholic beverages inside a motor vehicle. State laws vary somewhat in terms of whether passengers may possess open containers, the alcoholic beverages to which the law applies, and whether or not the vehicle must be in motion.
Beginning in 1998, through the Transportation Equity Act for the 21st Century (TEA-21), the Federal government has provided incentives for States to pass open container prohibitions that meet specific criteria. (See Federal Law for additional information.) APIS variables for this policy are derived from criteria adopted by the National Highway Traffic Safety Administration (NHTSA), as well as the secondary literature. However, APIS coding SHOULD NOT be used to determine whether or not a given State is in compliance with NHTSA requirements. To determine whether a given State is in compliance with the NHTSA requirements, see the following:
Term | Definition |
---|---|
Motor Vehicle | For the purposes of this policy, a motor vehicle is defined as a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways. The term does not include a vehicle operated exclusively on a rail or rails. |
Passenger Area | The area of a motor vehicle designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seated positions, including the glove compartment. In vehicles without trunks, the passenger area does not include the area behind the last upright seat. |
Open Alcoholic Beverage Container | Any bottle, can, or other receptacle that contains any amount of alcoholic beverage, and that is open or has a broken seal, or the contents of which are partially removed. |
Resealed or Re-corked Containers | Bottles of wine resealed using a specified tamper-evident procedure, in accordance with statutory or regulatory requirements. |
Public Highway or the Right-of-Way of a Public Highway | A roadway and the shoulder alongside of it. |
Primary Enforcement | Law enforcement officers have the authority to enforce the law without the need to show that they had probable cause to believe that another violation had been committed. |
Explanatory Notes and Limitations Specifically Applicable to Open Containers of Alcohol in Motor Vehicles
- Data presented here should not be taken as a representation of whether or not a particular State is in compliance with Federal TEA-21 standards. The National Highway Traffic Safety Administration (NHTSA) incorporates additional criteria beyond those presented here, and performs an additional analysis to determine State compliance.
- Provisions that prohibit only consumption of alcoholic beverages in motor vehicles, or that prohibit only possession of an open container with the intent to consume alcoholic beverages, are not included.
- This review does not address:
- Prohibitions on possession of alcoholic beverages that apply only to underage persons.
- Provisions that apply only to commercial or public vehicles, or to common carriers.
- Provisions that prohibit only consumption of alcoholic beverages in motor vehicles, or that prohibit only possession of an open container with the intent to consume or with evidence of having consumed alcoholic beverages.
Explanatory Notes and Limitations Applicable to All APIS Policy Topics
- State law may permit local jurisdictions to impose requirements in addition to those mandated by State law. Alternatively, State law may prohibit local legislation on this topic, thereby preempting local powers. For more information on the preemption doctrine, see the About Alcohol Policy page. APIS does not document policies established by local governments.
- In addition to statutes and regulations, judicial decisions (case law) also may affect alcohol-related policies. APIS does not review case law except to determine whether judicial decisions have invalidated statutes or regulations that would otherwise affect the data presented in the comparison tables.
- APIS reviews published administrative regulations. However, administrative decisions or directives that are not included in a State's published regulatory codes may have an impact on implementation. This possibility has not been addressed by the APIS research.
- Statutes and regulations cited in tables on this policy topic may have been amended or repealed after the specific date or time period specified by the site user's search criteria.
- The operation or enforcement of statutes or regulations affecting the policies addressed on APIS may have been suspended or modified by executive or administrative orders issued in response to the COVID-19 pandemic. With the exception of the COVID-19 Digest and Dataset, APIS research does not address these orders or the effects they may have on the policies covered by APIS.
- Policy changes in APIS are presented as of the date these changes take effect as law. Users should be aware that in some situations there may be a delay between the effective date of a law and the time a corresponding policy change occurs in practice. Because APIS research is based entirely on primary legal source materials (codified statutes and regulations and, on rare occasions, published court opinions), APIS is unable to accurately determine when policy changes may appear in practice.
- If a conflict exists between a statute and a regulation addressing the same legal issue, APIS coding relies on the statute.
- A comprehensive understanding of the data presented in the comparison tables for this policy topic requires examination of the applicable Row Notes and Jurisdiction Notes, which can be accessed from the body of the table via links in the Jurisdiction column.
(Policies in effect on: 1/1/2023)
Federal law has had a substantial effect on the nation's open container policies. In 1998, Congress enacted the Transportation Equity Act for the 21st Century (TEA-21). TEA-21, codified as 23 U.S.C. § 154, provides incentives for States to adopt open container laws that meet six specific criteria delineated by regulation [see 23 C.F.R. § 1270.3, 23 C.F.R. § 1270.4]. If a State does not enact and enforce a Federally compliant law, a percentage of its Federal highway funds are reserved from its discretionary allotment and transferred for use in alcohol-impaired driving and highway safety improvement programs [see 23 C.F.R. § 1270.6, 23 C.F.R. § 1270.7].
The Federal incentive for compliance has been phased in over time. If a State did not meet the statutory requirements by October 1, 2000, or October 1, 2001, an amount equal to one and one-half percent of the funds apportioned to the State on those dates was restricted to TEA-21 purposes. If a State did not meet the statutory requirements by October 1, 2011, an amount equal to two and one-half percent of the funds apportioned to the State was restricted. Beginning October 1, 2021, if a State does not meet the statutory requirements and is also determined not to have met the statutory requirements for the prior fiscal year, an amount equal to two and one-half percent of the funds apportioned to the State is restricted. An amount equal to two and one-half percent continues to be reserved each subsequent fiscal year for States that do not meet the Federal requirements [see 23 U.S.C. § 154, 23 C.F.R. § 1270.6].
In addition to the TEA-21 provisions, Federal law also generally prohibits open alcoholic beverage containers in motor vehicles operated on Federal property. Open container prohibitions on Federal properties vary according to the types of lands involved, the Federal agency responsible for their regulation, and the geographic and jurisdictional relationships of any specific Federal land to contiguous privately owned land or land under the jurisdiction of other governmental entities.
Federal regulations prohibit the carrying or storing of an open alcoholic beverage container within a vehicle on the Pentagon Reservation [32 C.F.R. § 234.17] or on a Central Intelligence Agency installation [32 C.F.R. § 1903.4], as well as in areas under the administration of the National Park Service [36 C.F.R. § 4.14] and the Presidio Trust [36 C.F.R. § 1004.14].
FEDERAL CITATIONS AND RELEVANT TEXT EXCERPTS
(a) Definitions.--In this section, the following definitions apply:
(1) Alcoholic beverage.--The term “alcoholic beverage” has the meaning given the term in section 158(c).
(2) Motor vehicle.--The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails.
(3) Open alcoholic beverage container.--The term “open alcoholic beverage container” means any bottle, can, or other receptacle--
(A) that contains any amount of alcoholic beverage; and
(B)(i) that is open or has a broken seal; or
(ii) the contents of which are partially removed.
(4) Passenger area.--The term “passenger area” shall have the meaning given the term by the Secretary by regulation.
(b) Open container laws--
(1) In general.--For the purposes of this section, each State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State.
(2) Motor vehicles designed to transport many passengers.--For the purposes of this section, if a State has in effect a law that makes unlawful the possession of any open alcoholic beverage container by the driver (but not by a passenger)--
(A) in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or
(B) in the living quarters of a house coach or house trailer,
the State shall be deemed to have in effect a law described in this subsection with respect to such a motor vehicle for each fiscal year during which the law is in effect.
(c) Transfer of funds.--
(1) Fiscal years 2001 and 2002.--On October 1, 2000, and October 1, 2001, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an amount equal to 1 ½ percent of the funds apportioned to the State on that date under each of paragraphs (1), (2), and (4) of section 104(b) to the apportionment of the State under section 402--
(A) to be used for impaired driving countermeasures; or
(B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).
(2) Fiscal year 2022 and thereafter.--
(A) Reservation of funds.--
(i) In general.--On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3).
(ii) States described.--A State referred to in clause (i) is a State--
(I) that has not enacted or is not enforcing an open container law described in subsection (b); and
(II) for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing an open container law described in subsection (b).
(B) Transfer of funds.--As soon as practicable after the date of receipt of a certification from a State under subparagraph (A)(i), the Secretary shall--
(i) transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and
(ii) release the reserved funds identified by the State as described in paragraph (3).
(3) Use for highway safety improvement program.--
(A) In general.--A State may elect to use all or a portion of the funds reserved under paragraph (2) for activities eligible under section 148.
(B) State departments of transportation.--If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.
(4) Federal share.--The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent.
(5) Derivation of amount to be transferred.--The amount to be transferred or released under paragraph (2) may be derived from the following:
(A) The apportionment of the State under section 104(b)(1).
(B) The apportionment of the State under section 104(b)(2).
(6) Transfer of obligation authority.--
(A) In general.--If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402.
(B) Amount.--The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying--
(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by
(ii) the ratio that--
(I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to
(II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year.
(7) Limitation on applicability of obligation limitation.--Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section.
Source for all citations on this page: www.govinfo.gov/, a service of the U.S. Government Publishing Office (GPO). Excerpts from the United States Code are current as of 2022. Excerpts from the Code of Federal Regulations are current as of 2023. Excerpts from Public Laws of Congress are current as of the year of enactment. The GPO’s Public Domain & Copyright Notice is available at https://www.govinfo.gov/about/policies#copyright .
- [No author listed] Open Container Laws and alcohol-involved crashes. Annals of Emergency Medicine 40(6):648-9, 2002.
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- Brewer, P. Commentary: Open containers: Open opportunity for disaster. Annals of Emergency Medicine 40(6):649-51, 2002.
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- Lenk, K.M., et al. Sobriety checkpoint and open container laws in the United States: Associations with reported drinking-driving. Traffic Injury Prevention 17(8): 782-787, 2016. doi: 10.1080/15389588.2016.1161759. Epub 2016 Mar 16.
- National Highway Traffic Safety Administration. Multiple Imputation of Missing Blood Alcohol Concentration (BAC) Values in FARS. Research Note. Washington, DC: U.S Department of Transportation, National Highway Traffic Safety Administration, October 1998.
- National Highway Traffic Safety Administration. Traffic Safety Laws: Open Container Laws And Alcohol Involved Crashes: Some Preliminary Data. Washington, DC: U.S Department of Transportation, National Highway Traffic Safety Administration, April 2002.
- Scholz, N., Lenk, K. M., Erickson, D. J., Toomey, T. L., Jones-Webb, R., & Nelson, T. F. (2023). Alcohol-impaired driving enforcement priorities and strategies in a nationwide sample of US law enforcement agencies. Traffic Injury Prevention, 24(1), 1-6.
- Silver, D., Macinko, J., Giorgio, M., & Bae, J.Y. (2019). Evaluating the relationship between binge drinking rates and a replicable measure of U.S. state alcohol policy environments. Plos One, 14(6). doi: 10.1371/journal.pone.0218718
- Stuster, J., Burns, M., and Fiorentino, D. Open Container Laws and Alcohol Involved Crashes: Some Preliminary Data. Washington, DC: U.S Department of Transportation, National Highway Traffic Safety Administration, DOT HS 809 426, April 2002.
- U.S. Department of Transportation, Federal Highway Administration. Transportation Equity Act for the 21st Century (TEA-21) . Accessed August 9, 2012 at: https://www.fhwa.dot.gov/tea21/.
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