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 Tennessee, it is illegal under state law to possess an open container of alcohol in the passenger area of a motor vehicle on a public highway or on the shoulder of a public highway. This is outlined in Tennessee Code Annotated § 55-10-416. The law prohibits both drivers and passengers from possessing any open container of alcoholic beverage or beer in the passenger area of a motor vehicle. The passenger area is defined as the area designed to seat the driver and passengers while the vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment. However, the law does not apply to passengers in vehicles that are designed, maintained, or used primarily for the transportation of persons for compensation, such as buses, taxis, or limousines, or the living quarters of a house coach or house trailer. Violations of the open container law in Tennessee are considered a Class C misdemeanor, which may result in a fine. Unlike some states, Tennessee does not impose driver's license suspension or jail time for open container violations.