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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 Michigan, it is illegal to possess an open container of alcohol in the passenger area of a motor vehicle on a public highway or within the area generally accessible to the motor vehicle. This is outlined in the Michigan Vehicle Code (MVC) under section 257.624a. The law applies to both drivers and passengers, and 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 open container law is typically a misdemeanor offense. Penalties for an open container violation in Michigan may include fines and potentially points on the driver's license, but not typically jail time or a driver’s license suspension for a first offense. However, repeat offenses or aggravating circumstances could result in more severe penalties.

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Criminal charges

open container

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Criminal charges

open container

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