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open container

In most states it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public roadway or on the shoulder of a public roadway. These open container laws vary from state to state and a few states allow a passenger to possess and consume an alcoholic beverage in a motor vehicle.

Open container offenses are usually charged as a misdemeanor or as an infraction, and penalties may include a fine, driver’s license suspension, and jail time.

Open container laws are located in a state’s statutes—often in the penal or criminal code, the transportation code, or the motor vehicle code.

In Colorado, open container laws prohibit the possession of an open alcoholic beverage container, or the consumption of alcohol, in the passenger area of a motor vehicle on a public highway or right-of-way. Colorado Revised Statutes section 42-4-1305 specifically addresses this issue. Violation of this law is considered a class A traffic infraction, which can result in a fine but not jail time or a driver's license suspension. However, there are exceptions to this rule, such as when a passenger is in a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation (like limousines or party buses) or in the living quarters of a motor home. It's important to note that local ordinances may also apply and can sometimes be more restrictive than state law.

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Criminal charges

open container

Individual & Family Legal Plan

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Colorado State Code

Criminal charges

open container

Colorado State Code

Articles