open container law states that it is unlawful to transport any alcohol that is not sealed in the passenger area of your car. Violators could be charged with a misdemeanor and fined up to $100.

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What is the open container law in Louisiana?

Under

Section 32:300

of the Louisiana open container law, you will receive a citation if:

There is alcohol in your vehicle that has been opened or is not in the original packaging

You have the container located in the passenger area of your car

The vehicle is operated on a public highway or right-of-way

Essentially, if you have any amount of alcohol in a container that has been opened and is located in the front seat area, you violate the Louisiana open container law. Alcoholic beverages need to be properly stowed away in either the trunk, a locked compartment, or a place in the car that is not readily accessible.

What counts as an open container?

The definition of an “open container” is actually a bit more complex than you’d imagine—it’s not just a container without a lid. Lousiana states that an open container is any beverage container where “the lid is removed, a straw protrudes therefrom, or the contents of the receptacle have been partially removed.”

As long as you keep any alcohol in its original packaging and stow it away in the trunk or under a back seat, you should be in the clear.

Exceptions to Louisiana’s open container law

Although this law is pretty straightforward in terms of what is expected to legally transport alcohol in your vehicle, there are some exceptions. In the following cases, passengers are legally allowed to carry open containers of alcohol if:

Any person in the vehicle has a job where they need to transport open containers of alcohol

Any person is a paid fair passenger on a contract carrier vehicle or courtesy vehicle

It’s in a motor home over twenty-one feet in length

Key Takeaway In Louisiana, transporting unsealed alcohol in the passenger area of your vehicle will result in a fine of up to $100.

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Penalties for violating Louisiana’s open container law

Violating the open container law in Louisiana is a misdemeanor, but if it’s the only law you broke, you’ll simply owe a fine of up to $100. If, on the other hand, you were drinking and driving at the time of the citation you’ll face some bigger consequences.

If you receive an operating while intoxicated offense, you’ll face up to six months in jail and a fine between $300 and $1,000. And if this is not your first offense, the penalties get more severe. In addition, if you refuse or fail a chemical test, your license will likely be suspended.

Your driving record isn’t the only thing that will take a beating from traffic violations and citations. Your insurance company will likely raise your rates significantly as a result of poor driving behavior, so it’s important that you understand the laws in Louisiana to avoid breaking them.

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Louisiana DUI laws

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Who gets the ticket for an open container in Louisiana?

Both the driver and passengers are subject to getting a ticket for violating the open container law in Louisiana.

What happens if you deny a breathalyzer in Louisiana?

Refusing a breathalyzer test in Louisiana could result in your license being suspended.

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