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 North Carolina, it is illegal under General Statute 20-138.7 to possess an open container of any alcoholic beverage in the passenger area of a motor vehicle on a highway or public vehicular area, regardless of whether the vehicle is moving or parked. The passenger area is defined as the area designed to seat the driver and passengers and any area within the driver's reach, including an unlocked glove compartment. However, the law does not apply to the living quarters of a motor home or if the open container is in the trunk or other area of the vehicle not normally occupied by the driver or passengers. Violation of this open container law is typically charged as a misdemeanor. Penalties for an open container violation can include fines and potentially points on the driver's license, which could affect insurance rates. However, North Carolina law does not mandate a driver's license suspension or jail time for an open container offense.