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 South Dakota, it is illegal to possess an open container of alcohol in the passenger area of a motor vehicle on a public highway. South Dakota Codified Laws (SDCL) 35-1-9.1 prohibits the consumption of alcoholic beverages in vehicles on a public street or highway. Violation of this law is considered a Class 2 misdemeanor, which may result in penalties such as fines, potential jail time, and a possible impact on the driver's license status. However, the law does provide exceptions for passengers in certain vehicles such as those designed, maintained, or used primarily for the transportation of persons for compensation (e.g., buses, taxis) or in the living quarters of a recreational vehicle. It's important to note that while passengers are generally not allowed to have open containers, the specifics can vary, and some exceptions may apply. Penalties for open container violations in South Dakota are consistent with misdemeanor charges and can include fines and jail time, but do not typically involve a driver's license suspension unless other violations, such as DUI, are also involved.