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 Jersey, it is illegal to possess an open container of alcohol in the passenger area of a motor vehicle on a public roadway or on the shoulder of a public roadway, as per N.J.S.A. 39:4-51b. This law applies to both drivers and passengers, and the passenger area is defined as any area designed to seat the driver or a passenger, or any area within reach of the seated driver or passenger. Violating New Jersey's open container law is typically considered a traffic infraction, rather than a misdemeanor. Penalties for an open container violation can include fines and the addition of points to the driver's license, which could lead to increased insurance rates. However, unlike some other states, New Jersey does not impose a driver's license suspension or jail time for an open container offense. It's important to note that local ordinances may also apply and can sometimes be more restrictive than state law.