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 Pennsylvania, open container laws prohibit the possession of any open alcohol beverage container in the passenger area of a vehicle on a public highway. This applies to both drivers and passengers. The relevant law is found in the Pennsylvania Consolidated Statutes, Title 75 (Pennsylvania Vehicle Code), Section 3809. Violating this law is considered a summary offense, which is the most minor type of criminal offense in Pennsylvania. Penalties for an open container violation can include fines and potentially points on the driver's license, but not jail time. It's important to note that Pennsylvania does not allow passengers to consume alcohol in a motor vehicle, unlike some other states that may have more lenient laws on this matter.