(Period covered: 1/1/1998 through 1/1/2009)

Policy Description

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.  

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 the six specific criteria listed below.  (See Federal Law for additional information.)

• The prohibition of open containers of alcohol in motor vehicles must apply to possession and consumption.
  
  
• The prohibition must apply to the passenger area of any motor vehicle.
  
  
• The prohibition must apply to all alcoholic beverages.
  
  
• The prohibition must apply to all occupants.
  
  
• The prohibition must apply to vehicles on any public highway or right of way.
  
  
• Law enforcement officers must have the authority to enforce the law without regard to any other violation.

Despite the Federal incentives, not all States have enacted laws that fully conform to the TEA-21 requirements.  The APIS comparison tables display the extent to which each State and the District of Columbia complies with the six Federal open container criteria.

To view the comparison tables and additional
information about this policy topic, click
on the links on the right side of this page.

Email a link to this page: http://alcoholpolicy.niaaa.nih.gov/OpenContainer