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 Maryland, 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, as per Maryland Transportation Code § 21-903. This law applies to both drivers and passengers, and the passenger area is defined as any area designed to seat the driver or a passenger, or any area within the driver's reach, including an unlocked glove compartment. Violation of this open container law is considered a misdemeanor. Penalties for an open container violation in Maryland typically include a fine but do not involve jail time or driver’s license suspension. However, the presence of an open container may lead to further investigation by law enforcement for other offenses such as driving under the influence (DUI).