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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 Wisconsin, it is illegal to have an open container of an alcoholic beverage in the passenger area of a motor vehicle while it is on a public highway or on the shoulder of a public highway. This prohibition is outlined in Wisconsin Statutes section 346.935. The law applies to both drivers and passengers, and the passenger area is generally considered to include any area readily accessible to the driver or passengers while in their seating positions, including the glove compartment. Violation of this open container law is typically considered a misdemeanor, and penalties can include fines. However, Wisconsin does not impose a driver's license suspension or jail time for open container violations. It's important to note that local ordinances may also apply and can sometimes be more restrictive than state law.

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Criminal charges

open container

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Wisconsin State Code

Wisconsin State Code

Criminal charges

open container

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