No, it is generally illegal for a passenger to drink alcohol in a moving vehicle in the vast majority of the United States. This is primarily due to open container laws, which prohibit any open containers of alcohol in the passenger area of a motor vehicle. These laws are designed to prevent drunk driving by eliminating the temptation for the driver to consume alcohol while operating the vehicle. Even if the driver is completely sober, a passenger drinking can lead to significant legal penalties for both the passenger and the driver.
The federal government incentivizes states to adopt strict open container laws. To avoid losing a portion of its federal highway funds, a state must enforce a law that prohibits both the possession of any open alcoholic beverage container and the consumption of alcohol by passengers in the passenger area of a motor vehicle on a public highway. While a few states have exceptions (like certain charter buses or limousines), assuming it's illegal is the safest bet.
Beyond the legal risks, it's a significant safety hazard. An intoxicated passenger can be a major distraction to the driver, potentially leading to an accident. In the event of a crash, a passenger under the influence may be less able to protect themselves or respond appropriately, increasing their risk of injury.
| State Examples of Open Container Law Penalties (for a first offense) |
| :--- | :--- |
| California | Fine up to $250 |
| Texas | Fine up to $500 |
| New York | Fine up to $150 and/or up to 15 days in jail |
| Florida | Fine up to $500 and/or up to 60 days in jail |
| Illinois | Class B Misdemeanor, potential jail time and fine |
If you're planning a social event that involves travel, the safest and most legally sound approach is to wait until you've reached your final, stationary destination before any alcohol is consumed. Designate a driver who commits to zero alcohol consumption for the entire trip.
