Tiffany Leung
· 3 min read
You could be fined up to $25 under
Alabama
’s open container law if you have any alcohol container opened and in the passenger area of your vehicle. This applies even if your car is parked. It’s important to know that there are differences in open container laws in each state since the regulations and fees can vary drastically.
What is the open container law in Alabama?
Section 32-5A-330
of the Code of Alabama, which was passed in 1975, states that the possession of open containers of alcoholic beverages in a motor vehicle is prohibited. According to this section, you will be cited if: - There is an open or unsealed container of any volume of alcohol in your car
- You are in motion, stopped, or parked on a public highway
- The container is in the passenger area of the car (e.g. the seating area)
- You know about the container
Simply put, it is illegal to have any alcoholic beverages in the passenger area of the car in Alabama, regardless of who the container belongs to or if you’re sober.
Alcoholic beverages should be sealed or stored in the trunk, glove compartment, or area behind the last upright seat.
What counts as an open container?
According to Alabama law, an open container is defined as any container that is “other than the manufacturer’s sealed condition.”
For example, a re-corked bottle of wine would get you in trouble if it was found in the passenger area of your car. On the other hand, a completely sealed can of beer would be fine.
Exceptions to Alabama’s open container law
There are a few exceptions to Alabama’s open container law. An open container of alcohol may be present in a vehicle under the following conditions:
- You are a passenger on public transportation e.g. bus
- You are a passenger in a camper, motor home, house coach, or house trailer
- It is stored in the trunk or cargo compartment of the vehicle
- It is stored in a locked case and inaccessible behind the front seat
- It is in a motor vehicle that is parked with the engines turned off
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Penalties for violating Alabama’s open container law
If you’re found guilty of violating Alabama’s open container law without violating any other laws, you’ll be charged with a Class C Misdemeanor. A conviction will lead to a fine of up to $25 but will not result in a
license suspension
or jail time. It would be a completely different story if you were found to be
driving under the influence (DUI)
at the time of the offense. Upon your first offense, you will get your license suspended, land yourself in jail for up to one year, and/or be fined $600 to $2,100. Subsequent offenses come with bigger fines and longer jail times, and you can be convicted of a Class C Felony. Any DUI conviction will result in
points
against your driving record
.Whether you are convicted of a
DUI
or not, an open container citation means your insurance can skyrocket. “Jerrywas quick and provided me with various choices. I found the policy I wanted in 10 minutes and was able to drive off with my new car!” —Emiya S.
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Who gets the ticket for an open container in Alabama?
You, your passenger, or both of you can receive citations for violating open container laws while on Alabama roads.
What happens if you deny a breathalyzer in Alabama?
Refusing to take a breathalyzer test in Alabama can result in a license suspension.
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