Vehicle · Open container
Open Container Law in Florida
Whether an open container of alcohol is allowed in a car in Florida, 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 Florida
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 |
|---|---|
| No open container while driving | Under section 316.1936, it is unlawful to possess an open container of an alcoholic beverage or to consume alcohol while operating a vehicle in the state. |
| Passengers included | The same ban applies to a person who is a passenger in or on a vehicle being operated in the state. Both the driver and passengers can be cited. |
| What counts as open | An open container is any container of an alcoholic beverage that is immediately capable of being consumed from, or the seal of which has been broken. |
| Where it does not apply | What it means |
|---|---|
| For-hire and living-quarters areas | The ban does not apply to a passenger in the passenger area of a bus, taxicab, or limousine used to carry people for hire, or to a person in the living quarters of a motorhome or house trailer. |
| Trunk or locked storage | An open container kept in a locked glove compartment, the trunk, or behind the last upright seat of a vehicle without a trunk is not a violation. |
What you can do right now
Concrete, neutral steps to stay on the right side of the open container rule in Florida. This is legal information, not legal advice.
- Keep alcohol sealed or in the trunk
Carry alcohol only in unopened containers, or store any opened container in the trunk or a locked glove box, not in reach of the driver or passengers.
- Do not assume passengers are exempt
A passenger who possesses an open container is cited too. Each occupant is responsible for their own container.
- Check for stricter local rules
A county or municipality may impose tighter open-container restrictions than the state statute. Confirm the local rule where you are driving.
- Respond to the citation
An open-container ticket is a traffic violation under chapter 318. Pay it or elect to contest it by the deadline on the citation.
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.
→ Florida Highway Safety and Motor VehiclesThis 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 Florida get wrong about open containers
Open containers of alcohol in a car are illegal in Florida, and section 316.1936 states it directly: it is unlawful to possess an open container of an alcoholic beverage or to consume alcohol while operating a vehicle, or while a passenger in or on a vehicle being operated in the state. An open container is one that is immediately capable of being drunk from, or whose seal has been broken. The rule covers the driver and passengers, and it does not depend on the car being in motion. The law carves out passengers in a bus, taxi, or limousine used to carry people for hire, and people in the living quarters of a motorhome or house trailer. An opened container is also fine if it is kept in the trunk, a locked glove box, or behind the last upright seat. Florida treats a driver's violation as a noncriminal moving traffic violation and a passenger's as a nonmoving one. Local governments may add stricter rules on top.
Common questions
Can a passenger drink in a car in Florida?
No. Section 316.1936 bans a passenger from possessing an open container or consuming alcohol in a vehicle being operated on the road, just as it bans the driver.
What is the penalty for an open container in Florida?
A driver who violates the law commits a noncriminal moving traffic violation, and a passenger commits a nonmoving traffic violation. Both are handled under chapter 318, and local rules may be stricter.
Can I keep an open bottle in the trunk in Florida?
Yes. An open container stored in the trunk, a locked glove compartment, or behind the last upright seat of a car without a trunk is not a violation.
Is a sealed bottle an open container in Florida?
No. An open container is one immediately capable of being consumed from, or whose seal has been broken. A sealed, unopened bottle does not count.
Does the open-container law apply to limo passengers in Florida?
No. Passengers in a bus, taxi, or limousine carrying people for hire, and people in the living quarters of a motorhome or house trailer, are excepted.
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.