Transportation: Open Containers of Alcohol in Motor Vehicles

(Period Covered: 1/1/1998 through 1/1/2012)

This policy topic covers laws that prohibit open containers of alcoholic beverages in the passenger compartments of non-commercial motor vehicles.  

Many States have adopted laws that prohibit open containers of alcohol, including beer, wine, and distilled spirits, in the passenger compartments of non-commercial motor vehicles.

Open container laws are designed to reduce impaired driving by limiting access to alcoholic beverages inside a motor vehicle. State laws vary somewhat in terms of whether passengers may possess open containers, the alcoholic beverages to which the law applies, and whether or not the vehicle must be in motion.

Since 1998, through the Transportation Equity Act for the 21st Century (TEA-21), the Federal government has provided incentives for States to pass open container prohibitions that meet specific criteria. (See Federal Law for additional information.) APIS variables for this policy are derived from criteria adopted by the National Highway Traffic Safety Administration (NHTSA), as well as the secondary literature. However, APIS coding SHOULD NOT be used to determine whether or not a given State is in compliance with NHTSA requirements. To determine whether a given State is in compliance with the NHTSA requirements, go to http://www.fhwa.dot.gov/legsregs/directives/notices/n4510745.htm.

Explanatory Notes and Limitations Specifically Applicable to Open Containers of Alcohol in Motor Vehicles 

1. Data presented here should not be taken as a representation of whether or not a particular State is in compliance with Federal TEA-21 standards. The National Highway Traffic Safety Administration (NHTSA) incorporates additional criteria beyond those presented here, and performs an additional analysis to determine State compliance. 

2. Provisions that prohibit only consumption of alcoholic beverages in motor vehicles, or that prohibit only possession of an open container with the intent to consume alcoholic beverages, are not included.

3. This review does not address:  

• Prohibitions on possession of alcoholic beverages that apply only to underage persons.
• Provisions that apply only to commercial or public vehicles, or to common carriers.
• Provisions that prohibit only consumption of alcoholic beverages in motor vehicles, or that prohibit only possession of an open container with the intent to consume alcoholic beverages. 

Explanatory Notes and Limitations Applicable to All APIS Policy Topics

1. State law may permit local jurisdictions to impose requirements in addition to those mandated by State law. Alternatively, State law may prohibit local legislation on this topic, thereby preempting local powers. APIS does not document policies established by local governments.

2. In addition to statutes and regulations, judicial decisions (case law) also may affect alcohol-related policies. APIS does not review case law except to determine whether judicial decisions have invalidated statutes or regulations that would otherwise affect the data presented in the comparison tables.

3. APIS reviews published administrative regulations. However, administrative decisions or directives that are not included in a State's published regulatory codes may have an impact on implementation. This possibility has not been addressed by the APIS research.

4. Statutes and regulations cited in tables on this policy topic may have been amended or repealed after the specific date or time period specified by the site user's search criteria.

5. A comprehensive understanding of the data presented in the comparison tables for this policy topic requires examination of the applicable Row Notes and Jurisdiction Notes, which can be accessed from the body of the table via links in the Jurisdiction column. 

(Policies in effect on: 1/1/2012)

Federal law has had a substantial effect on the nation's open container policies. In 1998, Congress enacted the Transportation Equity Act for the 21st Century (TEA-21). TEA-21, codified as 23 U.S.C. § 154, provides incentives for States to adopt open container laws that meet six specific criteria delineated by regulation [see 23 C.F.R. § 1270.3, 23 C.F.R. § 1270.4].  If a State does not enact a Federally compliant law, a percentage of its Federal highway construction funds are removed from its discretionary allotment and transferred for use in drinking and driving countermeasures programs, law enforcement, and hazard elimination.  

The Federal incentive for compliance has been phased in over time. If a State did not meet the statutory requirements by October 1, 2000 or October 1, 2001, an amount equal to one and one-half percent of the funds apportioned to the State on those dates was restricted to TEA-21 purposes. If a State did not meet the statutory requirements by October 1, 2002, an amount equal to three percent of the funds apportioned to the State was restricted. An amount equal to three percent continues to be restricted each subsequent fiscal year for States that do not meet the Federal requirements [see 23 U.S.C. § 154, 23 C.F.R. § 1270.6].

In addition to the TEA-21 provisions, Federal law also generally prohibits open alcoholic beverage containers in motor vehicles operated on Federal property. Open container prohibitions on Federal properties vary according to the types of lands involved, the Federal agency responsible for their regulation, and the geographic and jurisdictional relationships of any specific Federal land to contiguous privately owned land or land under the jurisdiction of other governmental entities.

Federal regulations prohibit the carrying or storing of an open alcoholic beverage container within a vehicle on the Pentagon Reservation [32 C.F.R. § 234.17] or on a Central Intelligence Agency installation [32 C.F.R. § 1903.4], as well as in areas under the administration of the National Park Service [36 C.F.R. § 4.14] and the Presidio Trust [36 C.F.R. § 1004.14].  Open containers in vehicles are prohibited in specific installations of the U.S. Army [see, e.g., 32 C.F.R. § 636.36], and the introduction, possession or use of alcoholic beverages on board any craft or vehicle of the Department of the Navy is prohibited, except as authorized by the Secretary of the Navy [32 C.F.R. § 700.1162].

FEDERAL CITATIONS AND RELEVANT TEXT EXCERPTS

1. [no author listed] Open Container Laws and alcohol-involved crashes. Annals of Emergency Medicine 40(6):648-9, 2002.
    
2. Brewer, P. Commentary: Open containers: Open opportunity for disaster. Annals of Emergency Medicine 40(6):649-51, 2002.
    
3. Chang, K., Wu, C.C., and Ying, Y.H. The effectiveness of alcohol control policies on alcohol-related traffic fatalities in the United States. Accident Analysis and Prevention 45:406-15, 2012.
    
4. National Highway Traffic Safety Administration. Multiple Imputation of Missing Blood Alcohol Concentration (BAC) Values in FARS. Research Note. Washington, DC: U.S Department of Transportation, National Highway Traffic Safety Administration, October 1998.
    
5. National Highway Traffic Safety Administration. Traffic Safety Laws: Open Container Laws And Alcohol Involved Crashes: Some Preliminary Data. Washington, DC: U.S Department of Transportation, National Highway Traffic Safety Administration, April 2002.
    
6. Stuster, J., Burns, M., and Fiorentino, D. Open Container Laws and Alcohol Involved Crashes: Some Preliminary Data. Washington, DC: U.S Department of Transportation, National Highway Traffic Safety Administration, DOT HS 809 426, April 2002.
    
7. U.S. Department of Transportation, Federal Highway Administration. Transportation Equity Act for the 21st Century (TEA-21) . Accessed August 9, 2012 at: http://www.fhwa.dot.gov/tea21/.