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 Hawaii, open container laws prohibit the possession of an open container of alcohol in the passenger area of a motor vehicle on public roads or shoulders. This applies to both drivers and passengers. The relevant statutes can be found in Hawaii Revised Statutes, specifically under Section 291-3.3, which outlines the offense of consuming or possessing liquor while operating a motor vehicle. Violation of Hawaii's open container law is considered a misdemeanor. Penalties for an open container violation may include fines and potential community service. Hawaii does not typically impose a driver’s license suspension or jail time for simple open container violations, but consequences can be more severe if the offense is combined with other violations, such as driving under the influence (DUI). It's important to note that some exceptions apply, such as when the open container is kept in the trunk or another area not normally occupied by the driver or passengers.