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 Kansas, it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public highway or on the shoulder of a public highway. This is outlined in Kansas Statutes Annotated (K.S.A.) 8-1599. The law applies to all open containers and consumption of alcohol by drivers and passengers. The passenger area is defined as the area designed to seat the driver and passengers, including any area within reach of a seated occupant. Violation of this law is considered a misdemeanor. Penalties for an open container violation in Kansas may include fines and potentially impact the violator's driving privileges. However, Kansas law does not typically include jail time for an open container offense. It's important to note that some municipalities within Kansas may have their own ordinances that could impose additional penalties or restrictions.