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 Virginia, it is illegal to possess an open container of alcohol in the passenger area of a motor vehicle on a public highway. This is outlined in Virginia Code § 18.2-323.1. The passenger area is defined as the area designed to seat the driver and passengers and any area within the driver's reach, including an unlocked glove compartment. It's important to note that the law presumes an open container is in the possession of the driver if there is no passenger present. However, the statute does not apply to passengers in certain vehicles like limousines or buses where the driver's compartment is separate. Violation of Virginia's open container law is classified as a Class 4 misdemeanor, which may result in a fine. Virginia does not allow passengers to consume alcohol in a moving vehicle, and there is no distinction in the law that permits passengers to possess an open container. The penalties for an open container violation in Virginia are typically limited to fines, and there is no provision for a driver's license suspension or jail time for this specific offense.