Can Passengers Drink Alcohol in a Car in Georgia?
Can passengers drink alcohol in a car in Georgia? Only if they want to risk a $200 fine.
Written by John Davis
Edited by Amy Bobinger
According to Georgia’s open container laws, both passengers and drivers are prohibited from possessing or drinking alcohol in a car—though there are exceptions to the rule.
Laws around alcohol, open containers, and cars vary from place to place across the country, so brushing up on your state’s laws is important. By studying
Georgia’s
open container laws, you could avoid a hefty fine, license suspension, or possible jail time. - It’s illegal to have open containers with an alcohol content of 0.5% or more in the passenger area of your vehicle in Georgia.
- There are exceptions to this rule, including an unfinished bottle of wine from a restaurant and privately produced malt beverages—but these containers must be sealed properly and stored in the trunk or glove compartment.
- If you get caught with an open container in your vehicle—even if you’re the designated sober driver—you can face fines up to $200 and may even be arrested.
- It’s illegal to have open containers with an alcohol content of 0.5% or more in the passenger area of your vehicle in Georgia.
- There are exceptions to this rule, including an unfinished bottle of wine from a restaurant and privately produced malt beverages—but these containers must be sealed properly and stored in the trunk or glove compartment.
- If you get caught with an open container in your vehicle—even if you’re the designated sober driver—you can face fines up to $200 and may even be arrested.
Can passengers drink alcohol in a car in Georgia?
Georgia’s
open container laws
strictly prohibit the consumption or possession of open containers of alcohol by drivers and passengers alike in a vehicle’s passenger area on all roadways or the shoulder of a public highway. What is an open container? An alcoholic beverage, whether it’s beer or wine (with 0.5% or more of alcohol by volume) or distilled spirits, is considered an “open container” if the alcoholic beverage is opened, the seal has been broken, or some of the contents have been removed.
If the driver is alone with any open containers of alcohol in the passenger area, the driver will be charged with an open container violation. For example, if you’re the designated driver one evening and a friend leaves a half-empty bottle of alcohol in your car, that’s an open container—and you need to remove it as soon as possible. Otherwise, if you get pulled over on your way home and the police find it, you’ll pay the price, even if you are sober.
Exceptions to open container laws in Georgia
Like most states, there are exceptions to the open container laws for passengers in Georgia.
When traveling a paid vehicle or motor home
Georgia passengers may legally possess an open container of alcohol in the passenger area of a vehicle that transports occupants in exchange for compensation, such as a taxi cab, limousine, or party bus. This exception also applies to passengers with an open container in the living area of a motor vehicle or house trailer.
Transporting wine from a restaurant
Another exception to Georgia’s open container law involves transporting an unfinished bottle of wine from a restaurant licensed to sell alcoholic beverages. If a customer has paid for a meal but only consumes some of the contents of a wine bottle, they may legally take their partially finished bottle home.
According to
O.C.G.A. § 3-6-4
, Georgia drivers are authorized to transport a partially consumed bottle of wine if the restaurant does the following:- Reseals the bottle of wine securely
- Puts the wine bottle into a container that clearly shows whether it’s been opened
- Includes a receipt on the bag or container displaying the date of purchase
Please note that you must keep your unfinished bottle of wine in a locked trunk or glove compartment. If you don’t have a trunk, you can place your bottle in the area behind the last upright seat of your car.
Privately-produced malt beverages
The final exception applies to malt beverages that were produced in private residences. Drivers in Georgia may legally transport a malt beverage if:
- The malt beverage container has been tightly sealed
- The container has been visibly labeled with the producer’s name and address
- The container is placed in a locked trunk or glove compartment or the area behind the last upright seat of your vehicle
MORE:
DUI laws in Georgia
Penalties for an open container violation in Georgia
In Georgia, it’s considered an
infraction
when you violate the state’s open container laws. If you get pulled over by law enforcement and a passenger gets caught with an open container of alcohol, the passenger will be given a fine of up to $200. And even if the driver is sober in this situation, that still doesn’t get them off the hook. If you’re the operator of a motor vehicle and get caught with a passenger that possesses an open container of alcohol in the passenger area of your vehicle, you, as the driver, will also receive a maximum fine of $200 and could even be arrested.
But that’s not all. Since Georgia uses a point system, the driver will also receive two points on their Georgia driver’s license. And if you collect more than 15 points during a 24-month span, your
license will get suspended
for one year, and you may have to pay an additional $200 fine. In other words, don’t let your passengers have an open container of alcohol in your car because you, as the driver, will be the one to deal with the bulk of the legal consequences.
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