Open Container Laws: Drinking While Driving

• Regardless of what state you live in it is illegal to have an open container of alcohol anywhere inside the passenger compartment of your vehicle. Since every state has laws against drinking and driving, open container laws are considered to be an important tool in the effort to combat drinking and driving by police departments.
  
  

Section 154 of 23 U.S.C

• Federal strong arm tactics have forced all states to have legislation against open containers in passenger areas of vehicles. According to Drunk Driving Defense, section 154 of 23 U.S.C. required that all states have an open container law in place by October 1, 2000. States that would not comply would have a portion of their federal aid highway construction funds redirected into other state safety activities each year according to Drunk Driving Defense. Every state ultimately passed a law to keep highway money going to where it was needed.
  
  

Restrictions

• Some states have passed laws that are extremely restrictive on open containers while other states views on open containers are a bit more relaxed. The more restrictive laws state that it is illegal even to have an open container in the glove box of a vehicle, even if it is locked. Other states allow open containers in glove boxes whether they are locked or not. Furthermore, some restrictive laws state that any bottle of alcohol that has the seal broken and is accessible to the driver is illegal whereas other states allow containers with broken seals as long as the bottle is closed.
  
  

Consequences

• Some states take having an open container in the car more serious than others and this fact is reflected in the consequences of such an act. For example, the state of Georgia will add points to your license for driving with an open container in the car. In the state of South Carolina an underage driver who has an open container in the car may face a drivers license suspension for himself as well as the other passengers in the vehicle.