Understanding Open Container Laws

There is no federal open container law,¹ which makes this particular regulation difficult to parse. Given that state and local regulations differ greatly from each other, you might be completely prohibited from having opened or unopened alcohol in your vehicle unless it is in the glove box or trunk… or you might be able to sip a beer while you drive, provided you stay under the legal limit (hello, Mississippi²). We'll go over the different regulations for different states, as well as a few outliers that make it possible for entrepreneurs to serve alcohol from a drive-through window.

Disclaimer: This article is intended to be purely informative and should not be considered legal advice. Laws and local regulations are constantly changing, and you should always check with your local governing bodies for the most up-to-date information.

Open Alcohol Containers in Cars

Laws that prohibit people from having open alcohol containers in public places – including parks, sidewalks, streets, and even in privately owned vehicles – are intended to prevent public drunkenness and drunk driving, which killed over 10,000 people in 2016.³ However, since no federal laws cover this issue, each state gets to determine its own open container laws. Most states (39 plus Washington D.C.) comply with the TEA-21 federal guidelines⁴, which are as follows:

• No open alcohol containers inside a vehicle.
• No consumption of alcohol in vehicles.
• Passengers cannot have an open alcohol container.
• Open containers must be stored where the driver cannot reach them.
• Open containers cannot be stored in an unlocked glove box.
• No open alcohol containers in vehicles on public highways, including on the shoulder.
• Alcohol container includes anything with at least 0.5% alcohol content.

The laws in most of the country are pretty clear: no open alcohol containers in the passenger area of a vehicle. But even in states that follow these regulations, some localities are enacting looser regulations to increase tourism and permit new business models, presenting additional business opportunities for operators in those areas. We'll go over the specific open container laws in different areas and the ways in which local businesspeople are taking advantage of them below.

Which States Don't Follow These Rules?

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. Alaska, Louisiana, Tennessee, and Wyoming do not adhere strictly to the TEA-21 laws, but they have specific laws that govern passengers drinking. For example, in Tennessee, the passenger is allowed to drink, but the container cannot be within easy reach of the driver. Check the local laws for your area to see what the legislation entails.

Open Containers in Cities

Some cities are hoping to increase tourism and tax revenue by allowing patrons to take an alcoholic beverage with them from one establishment to the next. The city of Savannah, Ga.,⁵ is one such location. In the Historic District, where no vehicles operate, visitors are encouraged to grab a to-go beverage as they leave one establishment and head to another. This change can increase sales for alcoholic beverages since guests can purchase a drink to sip while they tour the city, potentially bumping Savannah up the list of desirable destinations for tourists who want to have a beer while they see the sights. These drinks have to be served in plastic, 16-ounce cups – not flasks, bottles, or other types of containers – and have strict restrictions on where they can be carried. Public intoxication is still illegal, and it's up to each reveler to know his or her limits.

Drive-through Daiquiris

So, if driving with an open alcohol container is illegal almost everywhere, how can New Orleans have a drive-thru daiquiri business⁶? Well, this trend toes a very thin line: the wrapper between the straw and the drink. Drive-thru frozen cocktail places must hand over their drinks with a lid and a fully wrapped straw. The drinks have to be frozen, ensuring they're inaccessible through a lid unless you use a straw. This way, the frozen drink is not considered an open alcohol container and can be transported in the passenger area of a vehicle, just like an unopened bottle of liquor or six-pack of beer. Once you unwrap the straw, though, it becomes an open alcohol container and is illegal to have with you while driving.

However, this business model depends on the state's interpretation of an open container. Louisiana has set a precedent that a lidded, frozen beverage without a straw counts as a closed container; other states have not. If you're looking to open up a daiquiri stand outside of New Orleans, you should consult with a professional about the legality of such a business.

What Do Open Container Laws Mean for Restaurant Operators?

If you operate in a municipality that allows guests to take a drink into public areas, you can increase sales by researching the specific requirements for doing so. Many municipalities require the drink to be in a specific type of container – such as a red to-go cup or an officially branded container – and you will need to have these containers available to sell one for the road. Your guests might also not know that they're allowed to take a drink, and informing patrons of the specific laws regulating open alcohol containers in your area can create additional revenue. Here are some areas⁷ that allow public drinking:

Since this is an evolving area of interest and this list is not comprehensive, you should check your local regulations to see if your area allows open alcohol in public places to ensure you're not breaking the law.

What Open Alcohol Container Laws Don't Mean

While the cities listed above and others are relaxing the rules about where people can drink, that doesn't mean drinkers are allowed to do whatever they want. Someone who becomes intoxicated by drinking from a legal open alcohol container is still not allowed to be a public nuisance or engage in disorderly conduct, and they are definitely not allowed to drive. Lax open container laws do not negate other laws – and you should always drink responsibly.

Resources

1. Open Container Laws Within the United States. Alcohol.org. Accessed July 2021.
2. Open Container Laws and the Strange Case of Mississippi. James Robert Ferguson, Attorney at Law. Accessed July 2021.
3. Impaired Driving: Get the Facts. Centers for Disease Control and Prevention. Accessed September 2023.
4. Open Containers in Vehicles. Open Container Laws. Accessed July 2021.
5. To-Go Cup Takeaway: Savannah's Open Container Policy. The City of Savannah. Accessed July 2021.
6. The Drive-Thru Daiquiri: A Weird Yet Wonderful New Orleans Tradition. The Kitchn. Accessed July 2021.
7. Open Container Law. FindLaw.com. Accessed July 2021.