Vehicle · Open container
Open Container Law in North Carolina
Whether an open container of alcohol is allowed in a car in North Carolina, 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 North Carolina
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 |
|---|---|
| The plain open-container rule binds everyone | N.C. Gen. Stat. § 20-138.7(a1) says no person may possess an open alcoholic beverage, or consume one, in the passenger area of a vehicle on a highway or its right-of-way. Only the person who possesses or consumes is charged, and this rule reaches the driver and every passenger alike. |
| The driver offense adds a drinking element | N.C. Gen. Stat. § 20-138.7(a) applies only to a driver and requires two things at once. There must be an open alcoholic beverage in the passenger area, and the driver must have been drinking or have alcohol remaining in the body. It is an implied-consent offense and a moving violation. |
| Breath odor alone is not enough for the driver offense | Under subsection (c), the odor of alcohol on a driver’s breath alone does not prove that alcohol remained in the body, unless the driver was offered a screening test or chemical analysis and refused to give all required samples. |
| The glove compartment is inside the passenger area | Subsection (f) writes the glove compartment into the passenger area, so unlike Georgia, locking it does not help. Motor vehicle is defined in subsection (a3) to include mopeds, and a container is open once its seal is broken. |
| Where it does not apply | What it means |
|---|---|
| For-hire vehicle passengers | G.S. 20-138.7(a2)(1) makes it no violation of the plain open-container rule for a passenger to possess or consume where the container is in the passenger area of a vehicle used primarily to transport people for compensation. The exception is written for passengers only, so it does nothing for the driver. |
| Motor home or house car living quarters | G.S. 20-138.7(a2)(2) exempts a container in the living quarters of a motor home or house car as defined in the motor vehicle code. This protects a passenger, not the person driving. |
| House trailer | G.S. 20-138.7(a2)(3) exempts a container in a house trailer as defined in the code. Like the other (a2) carve-outs, it applies only to the plain infraction and only for a passenger. |
| Trunk or behind the last upright back seat | Subsection (f) removes from the passenger area the trunk and the area behind the last upright back seat of a station wagon, hatchback, or similar vehicle. An open container stored there is outside the covered space. |
| Unopened manufacturer’s original container | Both offenses reach a beverage only when it is in other than the unopened manufacturer’s original container, and subsection (f) treats a broken seal as opened. A factory-sealed bottle or can is not an open container. |
What you can do right now
Concrete, neutral steps to stay on the right side of the open container rule in North Carolina. This is legal information, not legal advice.
- Keep alcohol sealed or in the trunk
Carry alcohol in the unopened manufacturer’s original container, or store an open one in the trunk or behind the last upright back seat. The glove compartment is inside the passenger area, so locking it does not help.
- Do not drink and drive with a container present
The heavier driver offense needs both an open container and alcohol in the driver’s body. A sober driver with an open container in the car faces only the infraction, but a driver who has been drinking faces a misdemeanor.
- Remember passengers can still be cited
A passenger who holds an open container commits the infraction in their own right, unless the ride is a for-hire vehicle, a motor home living area, or a house trailer covered by the (a2) exceptions.
- Respond to the charge on time
The infraction is noncriminal and carries up to $100. The driver misdemeanor is criminal and can lead to revocation on a second conviction. Answer the citation or appear in the court named on it.
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.
→ North Carolina Division of 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 North Carolina get wrong about open containers
Open containers in a vehicle are illegal in North Carolina, but the state splits the question into two very different offenses. N.C. Gen. Stat. § 20-138.7(a1) is the plain open-container rule. It bars any person from possessing an open alcoholic beverage, or consuming one, in the passenger area of a vehicle on a highway or its right-of-way, and it is only an infraction carrying up to $100 under G.S. 14-3.1(a). N.C. Gen. Stat. § 20-138.7(a) is the heavier driver offense. It applies only to a driver and requires both an open container in the passenger area and alcohol in the driver’s body, and it is a Class 3 misdemeanor for a first offense and a Class 2 for a repeat. The passenger area is defined in subsection (f) to include the glove compartment but to exclude the trunk and the area behind the last upright back seat. The (a2) exceptions for for-hire vehicles, motor home living quarters, and house trailers protect passengers only, and only against the infraction. A second conviction under the section triggers license revocation under G.S. 20-17(a)(12).
Common questions
Can a passenger hold an open drink in a car in North Carolina?
No, in general. N.C. Gen. Stat. § 20-138.7(a1) makes it an infraction for any person to possess or consume an open alcoholic beverage in the passenger area on a highway. A passenger is exempt only in a for-hire vehicle, a motor home living area, or a house trailer.
What is the penalty for an open container in North Carolina?
A person who merely holds an open container commits an infraction with a penalty of up to $100. A driver who has an open container and has also been drinking commits a Class 3 misdemeanor for a first offense, with a fine ceiling of $200.
Does the driver have to be drinking to be charged?
For the heavier misdemeanor under subsection (a), yes. It requires both an open container and alcohol in the driver’s body. A driver who has not been drinking can still face the lesser infraction under subsection (a1).
Can I keep an open bottle in a locked glove box in North Carolina?
No. Subsection (f) writes the glove compartment into the passenger area, so an open container there is covered even if it is locked. The trunk and the area behind the last upright back seat are outside the passenger area.
Can an open-container conviction cost me my license in North Carolina?
A second or subsequent conviction under G.S. 20-138.7 triggers mandatory license revocation under G.S. 20-17(a)(12), for a period of up to one year under the default in G.S. 20-19(c).
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.