Who’s allowed to drink in the car? Georgia has some strict laws that make the rules clear
The days of “taking a roadie” to go are long over. In Georgia, it is illegal to have an open container in the car, no matter who is consuming it.
Georgia’s open container law, (O.C.G.A. § 40-6-253) was passed in 1992 in response to a federal push to prohibit open containers and drive down alcohol-related accidents. Georgia is among the 39 states in which riding with an open container is illegal.
The law states:
“It is illegal for any person (driver or passenger) to consume an alcoholic beverage or possess an open alcoholic beverage container in the passenger area of a motor vehicle on any public roadway or shoulder.”
What counts as an “open alcoholic beverage?”
Any bottle, can or receptacle that:
has an open top;
has broken seal; or
is missing any of its original contents.
What constitutes the “passenger area?”
Broadly, any place in a vehicle that a body could fit. But also:
areas that are readily accessible
any area designed for the driver or passenger to sit
However, the law excludes locked compartments like the glove box or trunk.
What are the exceptions?
They are few and narrow, but include:
Transporting a partially consumed bottle of wine from a restaurant if the bottle is properly sealed.
Homebrew/wine (which in this case refers only to malt beverages and excludes distilled spirits and wine) with a few exceptions:
if you have a permit (if you’re transporting 25 gallons or more)
the container is properly sealed
information about the product is prominently displayed on the container
they must be kept in a locked compartment, trunk or under the last upright seat.
What are the penalties?
According to Criminal and DUI Law of Georgia (a criminal defense firm), the punishment can depend on a few factors. You may face:
a fine not exceeding $20
a two-point penalty added to your license (if you accumulate 15 within 24 months your license could be suspended)
Although Georgia’s open container law is not technically considered a non-criminal traffic offense, it can significantly add to an offender’s punishment if it is coupled with other charges.
Thoughts or opinions about open container laws? Email me or find me on Instagram.
