state law, neither drivers nor passengers are allowed to drink alcohol while in a moving vehicle—unless you’re the passenger in a limousine or private bus.

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Can passengers drink alcohol in a car in California?

No—according to

CA Vehicle Code 23221

California’s open container laws

prohibit both drivers and passengers from consuming any and all alcoholic beverages while in a motor vehicle that’s on a highway.

Keep in mind that a motor vehicle can include any self-propelled device, such as a golf cart, a boat, a moped—even a ride-on tractor! Additionally, for legal purposes, a “highway” refers to any public road.

In fact, in addition to not drinking alcohol, California drivers aren’t even allowed open containers in their vehicles. But what, exactly, is an open container? Alcoholic beverages (anything with 0.5% or more alcohol by volume) are considered “open container” if they are opened, have a broken seal, or have some of the product removed.

MORE:

What is a DUI? (DUI vs. DWI)

Exceptions to open container laws in California

As you might imagine, there are a few exceptions to the open container laws in California.

For example, you are able to transport open containers of alcohol in your vehicle legally—so long as they are stored in your trunk. This means that if you only drank a single glass of wine at your dinner party, you can take the rest of the bottle home as long as it’s not in the passenger area of your vehicle.

Additionally, passengers riding in certain licensed vehicles-for-hire—such as limousines, private buses, and even taxi-cabs—are exempt from CA VC 23221, meaning they are allowed to drink alcoholic beverages while the vehicle-for-hire is in motion.

MORE:

California DUI Laws

Penalties for an open container violation in California

In general, the penalties for passengers drinking in a vehicle—and/or for carrying an open container of alcohol—are much less severe than the penalties for driving under the influence.

As long as the driver and passengers are all over 21, drinking in a vehicle is merely considered an “infraction”, not a misdemeanor or felony. It is treated similarly to receiving a speeding ticket or other minor moving violation. The penalty fee assigned is $250 or less.

However, if the driver and/or passengers are under 21, the consequences will be much more severe. Because possessing alcohol underage is against California state law, you could be charged with a criminal offense, which carries a penalty of up to 6 months in jail and $1,000 in fines.

Additionally, keep in mind that possessing an open container in your vehicle will likely make law enforcement suspect that you are driving under the influence. You’ll very likely be asked to take a breath test or roadside sobriety test, and if you fail, you will be arrested for a DUI.

Key Takeaway The typical penalty for drinking in a vehicle as a passenger or possessing an open container is a maximum fine of $250.

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