Open Containers of Alcohol in Motor Vehicles

Alabama provides an exception from its open container law for a driver who does not have knowledge of and cannot access alcoholic beverages in an open container in the passenger area of the motor vehicle. See Ala. Code § 32-5A-330(c)(6).

For the period May 10, 2012 through March 12, 2014, Alabama allowed bottles of wine to be resealed using a specified tamper-evident procedure, in accordance with statutory or regulatory requirements, as an exception to its open container prohibition. See Ala. Code s. 28–3A–20.1. Because bottles resealed in these circumstances could permissibly be transported within the passenger area of any motor vehicle under State law, and since other criteria for this variable were also met, the Passenger Area of Any Motor Vehicle variable was coded for Alabama for this period.

For the period May 10, 2012 through March 12, 2014, Alabama allowed bottles of wine to be resealed using a specified tamper-evident procedure, in accordance with statutory or regulatory requirements, as an exception to its open container prohibition. See Ala. Code s. 28–3A–20.1. Because bottles resealed in these circumstances could permissibly be transported within the passenger area of any motor vehicle under State law, and since other criteria for this variable were also met, the Passenger Area of Any Motor Vehicle variable was coded for Alabama for this period.

Colorado's open container law makes it unlawful for a person to "knowingly" possess an open alcoholic beverage container while in the passenger area of a motor vehicle on a public highway or right-of-way of a public highway. See Colo. Rev. Stat. § 42-4-1305(2).

Since its enactment in 1971, Idaho Code § 23-1333 has prohibited all occupants of a motor vehicle upon a public highway from having in their possession any wine in an open container. Idaho's more general open container statute, Idaho Code § 23-505, has applied to all alcoholic beverages since 1996, and was amended on July 1, 2000, to apply to all occupants and to vehicles on public highways.

Since its enactment in 1971, Idaho Code § 23-1333 has prohibited all occupants of a motor vehicle upon a public highway from having in their possession any wine in an open container. Idaho's more general open container statute, Idaho Code § 23-505, has applied to all alcoholic beverages since 1996, and was amended on July 1, 2000, to apply to all occupants and to vehicles on public highways.

Prior to its amendment on July 1, 2005, Indiana's open container law made it unlawful for the operator of a motor vehicle to have a specified minimum alcohol content level and to “knowingly” allow an open container to be in the passenger compartment of the motor vehicle. This law did not specifically apply to a motor vehicle located on a public highway. See Ind. Code § 9-30-15-3.

Prior to its amendment in 1999, Iowa's law applied only to the driver and only prohibited possession of an open container with "intent to consume," not possession of an open container standing alone. APIS coding for this policy topic is based only on provisions that specifically prohibit possession of an open container per se.

From June 6, 2000, through August 14, 2004, Louisiana's open container law applied only to drivers and included an exception for "any bottle, can, or other receptacle that contains any amount of frozen alcoholic beverage unless the lid is removed or a straw protrudes therefrom."

Beginning August 15, 2004, Louisiana's open container law includes exceptions for "any bottle, can, or other receptacle that contains a frozen alcoholic beverage unless the lid is removed, a straw protrudes therefrom, or the contents of the receptacle have been partially removed," and for "[a]ny person operating or occupying a motor vehicle who, as a condition of his employment and while acting in the course and scope of such employment, is required to carry open alcoholic beverage containers, provided that the operator or passenger does not consume the alcoholic beverages."

For the period February 15, 2006 through August 7, 2008, Massachusetts allowed bottles of wine to be resealed using a specified tamper-evident procedure, in accordance with statutory or regulatory requirements, as an exception to its open container prohibition. See Mass. Gen. Laws ch. 90, § 24I, ch. 138, § 12. Because bottles resealed in these circumstances could permissibly be transported within the passenger area of any motor vehicle under State law, and since other criteria for this variable were also met, the Passenger Area of Any Motor Vehicle variable was coded for Massachusetts for this period.

For the period February 15, 2006 through August 7, 2008, Massachusetts allowed bottles of wine to be resealed using a specified tamper-evident procedure, in accordance with statutory or regulatory requirements, as an exception to its open container prohibition. See Mass. Gen. Laws ch. 90, § 24I, ch. 138, § 12. Because bottles resealed in these circumstances could permissibly be transported within the passenger area of any motor vehicle under State law, and since other criteria for this variable were also met, the Passenger Area of Any Motor Vehicle variable was coded for Massachusetts for this period.

Montana's open container law requires that a person "knowingly" possess an open alcoholic beverage container within the passenger area of a motor vehicle. See Mont. Code Ann. § 61-8-460.

New Jersey law prior to August 14, 2000, prohibited consumption of an alcoholic beverage in a motor vehicle, and provided that a person would be presumed to have consumed alcohol if "an unsealed container of an alcoholic beverage is located in the passenger compartment of the motor vehicle, the contents of the alcoholic beverage have been partially consumed and the physical appearance or conduct of the operator of the motor vehicle or a passenger may be associated with the consumption of an alcoholic beverage." See N.J. Rev. Stat. § 39:4-51a. APIS coding is based only on provisions that specifically prohibit possession of an open container per se. Coding is not based on provisions that prohibit the consumption of alcoholic beverages in motor vehicles, or that refer to possession of an open container only in connection with a presumption as to consumption of such beverages in motor vehicles. In addition to the anti-consumption law, an open container law became effective on August 14, 2000. See N.J. Rev. Stat. § 39:4-51b.

New Jersey law prior to August 14, 2000, prohibited consumption of an alcoholic beverage in a motor vehicle, and provided that a person would be presumed to have consumed alcohol if "an unsealed container of an alcoholic beverage is located in the passenger compartment of the motor vehicle, the contents of the alcoholic beverage have been partially consumed and the physical appearance or conduct of the operator of the motor vehicle or a passenger may be associated with the consumption of an alcoholic beverage." See N.J. Rev. Stat. § 39:4-51a. APIS coding is based only on provisions that specifically prohibit possession of an open container per se. Coding is not based on provisions that prohibit the consumption of alcoholic beverages in motor vehicles, or that refer to possession of an open container only in connection with a presumption as to consumption of such beverages in motor vehicles. In addition to the anti-consumption law, an open container law became effective on August 14, 2000. See N.J. Rev. Stat. § 39:4-51b.

New Mexico's open container law requires that no person shall "knowingly" drink alcohol while in a motor vehicle or "knowingly" possess an open container of an alcoholic beverage while in a motor vehicle. See N.M. Stat. Ann. § 66-8-138.

New Mexico's open container law requires that no person shall "knowingly" drink alcohol while in a motor vehicle or "knowingly" possess an open container of an alcoholic beverage while in a motor vehicle. See N.M. Stat. Ann. § 66-8-138.

For the period September 9, 2004 through April 11, 2005, New York allowed bottles of wine to be resealed using a specified tamper-evident procedure, in accordance with statutory or regulatory requirements, as an exception to its open container prohibition. See N.Y. Alco. Bev. Cont. Law § 81(4); N.Y. Veh. & Traf. Law § 1227(3). Because bottles resealed in these circumstances could permissibly be transported within the passenger area of any motor vehicle under State law, and since other criteria for this variable were also met, the Passenger Area of Any Motor Vehicle variable was coded for New York for this period.

Prior to its amendment in 2000, New York's law only prohibited possession of an open container with the “intent to consume," not possession of an open container standing alone. See N.Y. Veh. & Traf. § 1227. APIS coding for this policy topic is based only on provisions that specifically prohibit possession of an open container per se.

For the period September 9, 2004 through April 11, 2005, New York allowed bottles of wine to be resealed using a specified tamper-evident procedure, in accordance with statutory or regulatory requirements, as an exception to its open container prohibition. See N.Y. Alco. Bev. Cont. Law § 81(4); N.Y. Veh. & Traf. Law § 1227(3). Because bottles resealed in these circumstances could permissibly be transported within the passenger area of any motor vehicle under State law, and since other criteria for this variable were also met, the Passenger Area of Any Motor Vehicle variable was coded for New York for this period.

For the period from July 1, 2012 through July 1, 2014, South Dakota allowed bottles of wine to be resealed using a specified tamper-evident procedure, in accordance with statutory or regulatory requirements, as an exception to its open container prohibition. See S.D. Codified Laws § 35-1-9.4. Because bottles resealed in these circumstances could permissibly be transported within the passenger area of any motor vehicle under State law, and since other criteria for this variable were also met, the Passenger Area of Any Motor Vehicle variable was coded for South Dakota for this period.

For the period from July 1, 2012 through July 1, 2014, South Dakota allowed bottles of wine to be resealed using a specified tamper-evident procedure, in accordance with statutory or regulatory requirements, as an exception to its open container prohibition. See S.D. Codified Laws § 35-1-9.4. Because bottles resealed in these circumstances could permissibly be transported within the passenger area of any motor vehicle under State law, and since other criteria for this variable were also met, the Passenger Area of Any Motor Vehicle variable was coded for South Dakota for this period.

Texas's open container law states that a person commits an offense if the person "knowingly" possesses an open container of alcohol in the passenger area of a motor vehicle. See Tex. Code § 49.031(b).

Effective July 1, 2007, Wyoming only prohibits occupants of a vehicle from consuming, transporting or possessing open containers of alcoholic beverages while their vehicle is "in motion" on a public street or public highway. In addition, by its terms, Wyoming’s open container law “shall not apply within the boundaries of” any incorporated municipality that has adopted an open container ordinance. Because Wyoming’s law does not specifically apply to a motor vehicle while it is located anywhere on a public highway or the right-of-way of a public highway whether or not the vehicle is in motion, the Any Public Highway or Right of Way variable has not been coded as of July 1, 2007. See Wyo. Stat. Ann. § 31-5-235.

As of July 1, 2005, Wyoming allows bottles of wine to be resealed using a specified tamper-evident procedure, in accordance with statutory or regulatory requirements, as an exception to its open container prohibition. See Wyo. Stat. Ann. §§ 12-4-410(e), 31-5-235(b). Because bottles resealed in these circumstances can permissibly be transported within the passenger area of any motor vehicle under State law, and since other criteria for this variable have also been met, the Passenger Area of Any Motor Vehicle variable has been coded for Wyoming both before and after this date.

As of July 1, 2005, Wyoming allows bottles of wine to be resealed using a specified tamper-evident procedure, in accordance with statutory or regulatory requirements, as an exception to its open container prohibition. See Wyo. Stat. Ann. §§ 12-4-410(e), 31-5-235(b). Because bottles resealed in these circumstances can permissibly be transported within the passenger area of any motor vehicle under State law, and since other criteria for this variable have also been met, the Passenger Area of Any Motor Vehicle variable has been coded for Wyoming both before and after this date.

As of July 1, 2005, Wyoming allows bottles of wine to be resealed using a specified tamper-evident procedure, in accordance with statutory or regulatory requirements, as an exception to its open container prohibition. See Wyo. Stat. Ann. §§ 12-4-410(e), 31-5-235(b). Because bottles resealed in these circumstances can permissibly be transported within the passenger area of any motor vehicle under State law, and since other criteria for this variable have also been met, the Passenger Area of Any Motor Vehicle variable has been coded for Wyoming both before and after this date.