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 Mexico, 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, as per the New Mexico Statutes Annotated (NMSA) 1978, Section 66-8-138. This law applies to both drivers and passengers, and the passenger area is defined as the area designed to seat the driver and passengers, including any area within reach of a seated passenger. There are exceptions to this rule, such as when the vehicle is a parked motor home, house trailer, or if the open container is kept in the trunk or another non-passenger area of the vehicle. Violation of New Mexico's open container law is considered a misdemeanor, and penalties may include fines. However, unlike some states, New Mexico does not impose driver's license suspension or jail time for open container violations alone. It's important to note that local ordinances may also apply and can sometimes be more restrictive than state law.