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 Massachusetts, open container laws prohibit the possession of an open container of alcohol in the passenger area of a motor vehicle on public roadways. This is outlined in Massachusetts General Laws Chapter 90, Section 24I. Violation of this law is considered a misdemeanor. The penalties for an open container violation can include fines, but do not typically result in jail time or a driver's license suspension for the first offense. However, subsequent offenses may lead to more severe penalties. It's important to note that Massachusetts does not allow passengers to possess or consume alcoholic beverages in a motor vehicle, unlike some states that have exceptions for passengers.