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 West Virginia, it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public highway. This is in accordance with West Virginia Code §17C-15-22, which prohibits the possession of any open alcoholic beverage container in the passenger area of any motor vehicle on a highway. The law applies to both drivers and passengers. Violation of this open container law is typically charged as a misdemeanor. Penalties for an open container violation in West Virginia may include fines, but do not typically result in a driver’s license suspension or jail time unless the offense is combined with other violations, such as driving under the influence (DUI). It's important to note that the specifics of the penalties can vary based on the circumstances of the offense and the individual's prior record.