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 Oregon, it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle while on a public highway or premises open to the public, such as parking lots. This is outlined in ORS 811.170, which prohibits the possession of an open container of alcohol by the driver or a passenger. The law defines an 'open container' as any bottle, can, or other receptacle that has been opened, has a broken seal, or the contents of which have been partially removed. Violation of Oregon's open container law is a Class B traffic violation, which is considered an infraction rather than a misdemeanor. Penalties for an open container violation typically include a fine. Oregon does not allow passengers to consume alcohol in a motor vehicle, and there is no distinction between drivers and passengers regarding this prohibition. However, the law does provide exceptions for passengers in certain vehicles like limousines and buses that are primarily used for transporting people for compensation.