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 Dakota, it is illegal under state law to possess an open container of alcohol in the passenger area of a motor vehicle on a public highway. This is outlined in the North Dakota Century Code (NDCC) 39-08-18, which prohibits the driver and passengers from having an open container of alcoholic beverages in the vehicle while on a public road. The law applies regardless of whether the vehicle is in motion or parked. Violation of this open container law is typically considered a class B misdemeanor, which may result in fines and potentially affect the driver's license status. However, the law does not apply to passengers in certain vehicles such as limousines or buses where the driver's area is separate from the passenger area. It's important to note that local ordinances may also have additional regulations regarding open containers in vehicles, and the penalties for violations can vary.