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 New Hampshire, open container laws prohibit the possession of open containers of alcoholic beverages in the passenger area of a motor vehicle on public roadways. This is outlined in New Hampshire Revised Statutes Annotated (RSA) 265-A:44. According to this statute, no person driving a motor vehicle should possess an open container of alcohol, nor should any passenger. Violation of New Hampshire's open container law is generally considered a violation-level offense, which is less severe than a misdemeanor. Penalties for an open container violation typically include fines but do not involve jail time or driver’s license suspension. It's important to note that New Hampshire's regulations may differ from other states, and there are exceptions, such as when the vehicle is a limousine or bus that is authorized to allow consumption of alcohol.