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open container

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 Minnesota, open container laws prohibit the possession of an open bottle or container with any amount of alcoholic beverage in the passenger area of a motor vehicle on a public highway. This applies to both drivers and passengers. The law is codified under Minnesota Statutes, section 169A.35. Violation of this law is considered a misdemeanor, and penalties can include a fine. However, Minnesota law does provide exceptions for passengers in certain vehicles such as limousines and chartered buses. It's important to note that local ordinances may also apply and can sometimes be more restrictive than state law. Additionally, while a driver's license suspension is not a direct consequence of an open container violation under state law, such an offense could potentially impact a driver's record and future interactions with the legal system.

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Criminal charges

open container

Individual & Family Legal Plan

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Minnesota State Code

Criminal charges

open container

Minnesota State Code

Articles