Open Container Laws in Idaho

Idaho drivers can face $1,000 fines, 6 months in jail, and a misdemeanor charge for driving with an open container in their vehicle.
Written by Max Werner
Reviewed by Kathleen Flear
In Idaho, the price for violating the open container law is steep. Drivers can face $1,000 fines, up to six months in jail, and a misdemeanor for having unsealed alcohol in their car. Passengers will get off with a minor infraction and minimal fines.
Open container laws in the United States are no joke. What’s even less funny, drastic differences between states make it hard to define an open container.
To make your life a little easier,
Jerry
has created a complete guide on open container laws in
Idaho
. Buckle up—we’ll cover everything from the law’s exemptions to the penalties for breaking it.
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What is the open container law in Idaho?

Open container laws exist in
Section 23-505
of the Idaho Statutes. The law allows for the transportation of sealed alcohol, but you’ll be penalized if:
  • Any broken opened, or unsealed alcohol containers are being transported
  • You are keeping any broken, opened, or unsealed alcohol containers anywhere but the trunk of your vehicle
  • You are drinking out of an unsealed alcohol container on a public highway
Idaho asks that the driver keep any unsealed alcoholic containers behind the last upright seat in vehicles without a trunk. The law also applies to glove compartments, even when they are locked. Click here to see how Idaho defines
beer
,
wine
, and
liquor
.

What counts as an open container?

Under its alcoholic beverages statutes, Idaho defines an open container as anything containing an alcoholic beverage where the lid has been unsealed or broken.
Likely violators of open container laws will be empty beer cans, re-corked wine bottles, and liquor flasks. An officer probably won’t hand out tickets for cooking wine in the back seat (though it can’t hurt to put the bottle in the trunk or behind the rear seat). Remember, the law is only concerned with whether the seal is broken, not if the vessel is closed upon inspection. 

Exceptions to Idaho’s open container law

Idaho includes exceptions to the law in the line “unless such person is a passenger in the passenger area of a motor vehicle designed for compensation or the living quarters of a recreational vehicle.” This excludes passengers of the following vehicles from the open container law:
Key Takeaway Recreational vehicles and taxis are exempt from Idaho’s open container law, as long as the containers are kept in the respective living and passenger quarters.

Penalties for violating Idaho’s open container law

The maximum penalty for a driver in “
actual physical control
” of a vehicle found in violation of Idaho’s open container law is a misdemeanor. This charge carries six months in county jail and a $1,000 fine—and will probably have a considerable impact on your car insurance rates.
The penalty for passengers is an open container infraction, which includes citation fees of around $100 (but no possibility of jail time).
Underage drivers can be asked to complete an alcohol evaluation and treatment program. If a misdemeanor is charged (likely the result of a
DUI in Idaho
), the driver will lose driving privileges for up to one year.
DUIs
come with much more significant consequences for an of-age driver, including a 90-day license suspension, a $1,000 fine, and up to six months in jail for first-time offenders. Refusing to take a breathalyzer will result in an immediate one-year suspension. 

How to save money on car insurance in Idaho

Now you know the basics. Want to avoid unnecessary citations? Easy—transport your alcohol containers in the trunk and only drive sober. Need to find great rates on
car insurance
? That one’s even easier—just use
Jerry
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Both the driver and passenger can be penalized for violating the open container law. The charge for a passenger is an infraction that comes with about $100 in fines.
Refusing a breathalyzer in Idaho will lead to the immediate suspension of your license.
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