Vehicle · Open container
Open Container Law in California
Whether an open container of alcohol is allowed in a car in California, who it applies to, the penalty, and the narrow exceptions for a limo, bus, or the living quarters of a motorhome. Cited to the statute.
What the open container law bans in California
Where the ban applies inside the car, who it covers, and the vehicles and containers it does not reach.
| What the law bans | What it means |
|---|---|
| Driver: no open container | Under Vehicle Code §23222(a), a driver may not have on their person any bottle, can, or other receptacle holding an alcoholic beverage that has been opened, has a broken seal, or has been partially emptied. |
| Passengers: no open container | Under Vehicle Code §23223, no passenger may possess an opened or seal-broken container of alcohol while in a motor vehicle on a highway or on public lands. The ban applies even if no one is drinking. |
| Any opened container counts | A container is treated as open if it has been opened, its seal is broken, or any of its contents have been removed. The amount left inside does not matter. |
| Where it does not apply | What it means |
|---|---|
| Bus, taxi, or limousine passengers | A passenger in the living quarters of a housecar or in a bus, taxicab, or limousine operated by a person licensed to sell alcoholic beverages is not covered by the passenger ban. |
| Trunk or unopened container | A sealed, unopened container is not an open container. An opened container stored in the trunk, or in a locked area not accessible to the occupants, is outside the passenger area the law reaches. |
What you can do right now
Concrete, neutral steps to stay on the right side of the open container rule in California. This is legal information, not legal advice.
- Keep alcohol sealed in the car
Transport alcohol only in unopened containers with the seal intact. An opened bottle or can in the passenger area is a violation for the driver or any passenger.
- Put opened containers in the trunk
If a container has been opened, store it in the trunk or an area the occupants cannot reach, not on a seat, in a cupholder, or on the floor.
- Do not assume passengers are exempt
The passenger ban applies even when a passenger is not the driver and even when no one is drinking. Everyone in the car is responsible for their own container.
- Handle a citation promptly
An open-container ticket is an infraction. If you receive one, respond to it by the date on the citation or arrange to contest it in traffic court.
An open container charge is usually a minor offense, but it can add up with other citations. A local traffic attorney or public defender can explain how it is handled where you were stopped.
→ California DMV · Alcohol and DrugsThis is general legal information, not legal advice. How the ban is charged, and what counts as the passenger area, can turn on the facts, so confirm your situation against the statute.
What drivers in California get wrong about open containers
Open containers of alcohol in a car are illegal in California, and the ban is written to cover the whole vehicle, not just the person driving. Vehicle Code §23222 stops a driver from having any opened, seal-broken, or partly emptied container of alcohol, and Vehicle Code §23223 extends the same rule to every passenger. The law does not require anyone to be drinking. Simply possessing an open bottle or can in the passenger area is enough for a citation, and the amount left inside makes no difference. A sealed, unopened container is fine, and an opened container is treated as lawful if it rides in the trunk or another spot the occupants cannot reach. Limited exceptions exist for passengers in a bus, taxi, or limousine and for the living quarters of a housecar. The offense is an infraction, punished with a fine rather than jail. The safe practice is simple: keep alcohol sealed, or keep an opened container out of the passenger area.
Common questions
Can a passenger drink alcohol in a car in California?
No. Vehicle Code §23223 bans passengers from possessing an open container of alcohol in a car on a public road, and consumption is likewise prohibited. The rule applies even if the driver is sober.
What is the fine for an open container in California?
An open-container violation is an infraction with a base fine around $250, though added court fees and assessments can raise the total. It is not a jail-level offense.
Is it legal to have a sealed bottle of alcohol in the car in California?
Yes. The law only reaches containers that have been opened or had the seal broken. A sealed, unopened bottle or can is not an open container.
Can I keep an open bottle in the trunk in California?
Yes. An opened container stored in the trunk, or in an area the occupants cannot reach, is outside the passenger area the open-container law covers.
Does the open-container law apply to passengers in a limo in California?
No. Passengers in a bus, taxicab, or limousine operated by a licensed seller of alcohol, and people in the living quarters of a housecar, are not covered by the passenger ban.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.