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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 Idaho, open container laws are codified in Idaho Code § 23-505, which prohibits the possession of an open alcoholic beverage container in the motor vehicle on a public highway or the right-of-way of a public highway. This applies to all areas of the vehicle accessible to the driver while in the driver's seat, including the glove compartment. However, the law does not apply to passengers in the living quarters of a motor home or in a chartered bus. Violation of Idaho's open container law is considered an infraction and typically results in a fine. There is no provision for a driver's license suspension or jail time for an open container violation in Idaho. 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

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Idaho State Code

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Criminal charges

open container

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