Open Container Laws in Kansas
The Kansas open container law states that if you carry unsealed alcohol in your vehicle, you could be charged with a misdemeanor and a fine of up to $200.
Written by Kate Kirby
Reviewed by Kathleen Flear
In Kansas, it is illegal to carry alcohol in an unsealed container in your vehicle. Breaking the open container law in Kansas is a misdemeanor and could result in a fine of up to $200, imprisonment for up to six months, or a combination of the two.
There are lots of nuances to the open container law, and the regulations are different in every state. Understanding the rules of the state that you live in is important.
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What is the open container law in Kansas?
Under
Section 8-1599
from the Kansas Office of Revisor of Statuses, if you are transporting alcohol in your vehicle, you must comply with the following:- The alcohol must be in the original package or container, and the seal can not be broken
- Place the alcohol in a locked trunk or compartment outside the vehicle where it is not accessible to anyone inside the car
- If you do not have a trunk, it can be placed behind the last upright seat or somewhere in the vehicle that would not normally occupy a passenger
In Kansas, you must keep any alcohol locked away in the trunk, in a compartment outside the vehicle, or under the seat furthest away from the driver. In any case, it must still be sealed and in the original packaging.
What counts as an open container?
There are lots of variations to the definition of an “open container,” which can make following the law a bit confusing. Kansas defines an open container as alcohol that has had the seal broken at any point after the purchase was made. That means that even if you have opened a bottle and poured the alcohol into a new sealed container, you’d still violate the law.
As long as you are smart about the way you transport alcohol, you shouldn’t need to worry. Grabbing a bottle of wine from your favorite local market and carefully stowing it away (in an acceptable spot) for the ride home shouldn’t land you in any trouble with the law.
Exceptions to Kansas’s open container law
Under
Section 8-1599
from the Kansas Office of Revisor of Statuses, it is illegal to carry open alcohol in your car unless you are in a bus or motor vehicle designed to transport more than ten passengers.Key Takeaway It’s illegal to carry alcohol in your vehicle if the container has been opened or in an area where passengers usually ride.
Penalties for violating Kansas’s open container law
Violating the open container law in Kansas is considered a misdemeanor and will result in a fine of up to $200 or a maximum sentence of six months in jail, or both.
The penalties can get significantly worse depending on the circumstances. For example, if you are charged with intoxicated driving at the time of the incident, you will face a bigger penalty. The State of Kansas Department of Revenue provides a full list of penalties.
In addition to fines and possible jail time, violating the open container law could also increase your car insurance premium. If you’d like that rate to remain the same, knowing and complying with the laws in Kansas will certainly help.
MORE:
Kansas DUI laws
How to save money on car insurance in Kansas
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4.7/5 rating on the App Store | Trusted by 5+ million customers and 7 million cars4.7/5 app rating | Trusted by 5M+ driversWho gets the ticket for an open container in Kansas?
Any person in the vehicle (or multiple persons) could receive a citation for violating the open container law in Kansas.
What happens if you deny a breathalyzer in Kansas?
Refusing a breathalyzer test in Kansas could result in a suspended license and a large fine.
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