Vehicle · Open container
Open Container Law in New York
Whether an open container of alcohol is allowed in a car in New York, 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 New York
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 drinking or open container | Under Vehicle and Traffic Law §1227, drinking an alcoholic beverage or possessing an open container of alcohol in a motor vehicle on a public highway or its right-of-way is prohibited. |
| Driver and passengers alike | The section states that any operator or passenger violating it is guilty of a traffic infraction. The ban is not limited to the driver. |
| Open container in the vehicle | The prohibition reaches an open container of alcohol located in the passenger part of the vehicle, whether or not anyone is actively drinking from it. |
| Where it does not apply | What it means |
|---|---|
| Passengers in a for-hire passenger vehicle | The ban does not apply to passengers in a vehicle designed to carry ten or more people for hire and operated under a certificate or permit from a state or federal transportation department, such as a chartered bus. |
| Resealed wine or the trunk | It does not cover wine resealed under the Alcoholic Beverage Control Law and carried in the trunk, or, in a car without a trunk, behind the last upright seat where the driver and passengers do not sit. |
What you can do right now
Concrete, neutral steps to stay on the right side of the open container rule in New York. This is legal information, not legal advice.
- Keep alcohol out of the passenger area
Do not drink or keep an open container of alcohol where the driver or passengers sit. The infraction applies whether or not anyone is drinking.
- Use the trunk for a resealed bottle
If you take home a resealed bottle of wine, carry it in the trunk, or behind the last upright seat in a car without a trunk, not in the cabin.
- Do not assume passengers are exempt
A passenger with an open container is guilty of the infraction too, unless the vehicle is a chartered for-hire bus of ten or more passengers.
- Respond to the ticket
An open-container violation is a traffic infraction. Answer the ticket by the date shown, 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.
→ New York State DMVThis 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 New York get wrong about open containers
New York bans open containers of alcohol in a car, and Vehicle and Traffic Law §1227 puts it plainly: drinking an alcoholic beverage, or possessing an open container of one, in a motor vehicle on a public highway is prohibited. The statute names both the operator and passengers, so a passenger with an open container commits the same traffic infraction as the driver, and no one has to be actively drinking for the rule to apply. Two narrow exceptions exist. Passengers in a large for-hire vehicle, one built to carry ten or more people and run under a state or federal transportation permit, are not covered, which is why a chartered party bus is treated differently. And a bottle of wine that has been resealed under the Alcoholic Beverage Control Law is allowed if it rides in the trunk, or behind the last upright seat in a car without a trunk, out of the passenger area. Anywhere in the cabin, an opened container is a violation.
Common questions
Can a passenger drink in a car in New York?
No. Vehicle and Traffic Law §1227 makes any operator or passenger who drinks or possesses an open container of alcohol in a car on a public highway guilty of a traffic infraction.
What is the penalty for an open container in New York?
It is a traffic infraction. There is no jail for the violation itself, though it carries a fine and appears on the record for the operator or passenger cited.
Can I take home a resealed bottle of wine in New York?
Yes, if the bottle is resealed under the Alcoholic Beverage Control Law and carried in the trunk, or behind the last upright seat in a car without a trunk, not in the passenger area.
Can I keep an open bottle in the trunk in New York?
Yes. The trunk, or the area behind the last upright seat in a car without a trunk, is outside the passenger area the open-container ban reaches.
Does the open-container law apply to party bus passengers in New York?
No. Passengers in a vehicle built for ten or more people and operated for hire under a transportation permit, such as a chartered bus, 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.