United States open-container laws

United States open-container laws refer to the collection of state laws that regulate the consumption of alcoholic beverages in public spaces. These laws vary widely from state to state, but generally prohibit the possession and consumption of open containers of alcohol in certain public areas.

Overview

In the United States, open-container laws are primarily enforced at the state level, although some local municipalities may also have their own regulations. The purpose of these laws is to control public intoxication, reduce alcohol-related traffic accidents, and maintain public order.

Federal Law

The Transportation Equity Act for the 21st Century (TEA-21) enacted in 1998, encourages states to establish open-container laws. Under TEA-21, states that do not enforce open-container laws can have a portion of their federal highway funding reallocated for highway safety programs.

State Laws

Each state has the authority to establish its own open-container laws. Some states, such as Connecticut and Mississippi, have no state open-container laws, while others, like California and New York, have strict laws prohibiting open containers in public places and vehicles.

Exceptions

Certain states have exceptions to their open-container laws. For example, in Missouri, passengers (but not drivers) are allowed to consume alcohol in a moving vehicle. In Louisiana, specifically New Orleans, the consumption of alcohol in public is allowed provided it is in a plastic container.

Penalties

Penalties for violating open-container laws vary by state and can range from fines to imprisonment. In some states, an open-container violation can also result in points being added to the offender's driving record.

See Also

• Alcohol laws of the United States
• Drunk driving in the United States
• Public intoxication