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open container

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 York, the open container law is codified under the New York Vehicle and Traffic Law, Section 1227. This law prohibits the possession of an open alcoholic beverage container, and the consumption of alcoholic beverages, by the driver and passengers in a motor vehicle on a public highway, including the shoulder and right of way. Violating New York's open container law is considered a traffic infraction, which can result in fines and points on the driver's license. The penalties for an open container violation in New York typically include a fine of up to $150 for a first offense, plus applicable surcharges. Repeat offenders may face increased fines and potential jail time. It's important to note that some localities within New York may have their own ordinances that could impose additional restrictions or penalties.

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Criminal charges

open container

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Criminal charges

open container

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