Open Container Laws in Maine

The open container law in Maine states that you could be cited between $25 and $500 for transporting an unsealed alcohol container in the passenger area of your vehicle.
Written by Kate Kirby
Reviewed by Kathleen Flear
In Maine, transporting an unsealed alcohol container in the passenger area of your vehicle violates the open container law and is punishable by a fine between $25 and $500. 
Each state follows a drastically different protocol when it comes to what violates its open container law. Because of that, understanding your state's specific rules is a vital part of avoiding a citation.  
Fortunately,
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What is the open container law in Maine?

Title 29-A
under Maine’s Law covers the violations of “Motor Vehicles and Traffic”. This document states that you are in violation of the open container law if:
  • You are carrying an open or unsealed container (e.g., a can, bottle, or other receptacles) of alcohol in your vehicle 
  • The alcohol is located in the passenger area 
  • You are on a public way (e.g., a right-of-way, owned and maintained by the state or county)
This means that you are not allowed to carry unsealed alcohol in your car unless you place it in the trunk, behind the last upright seat, or in a place that is not normally occupied by a passenger or driver

What counts as an open container?

An “open container” is not simply a container without a lid, as you might think. Maine states that an open container is considered to be “a bottle, can or other receptacle that contains any amount of alcohol, and that is open or has a broken seal or the contents of which are partially removed.”
While it seems as if any amount of alcohol in the car will land you a citation, that isn’t completely true. Purchasing a bottle of wine or a six-pack of beer, stowing it away under the back seat or in the trunk, and heading home shouldn’t get you in any trouble with the law, as long as it all stays sealed.

Exceptions to Maine’s open container law

There are some exceptions to the open container law in Maine. You will not receive a citation if it falls under one of the following circumstances:
  • You are in the living area of a motor home, trailer, semitrailer, or truck camper
  • You are in a paid transportation vehicle other than a taxicab  
  • You or your employer hold an off-premise catering license 
Key Takeaway It is illegal to transport unsealed alcohol in the passenger area of your vehicle and violating this law is a misdemeanor that could result in a fine between $25 and $100. 

Penalties for violating Maine’s open container law

The penalty for violating Maine’s open container law is pretty straightforward if that is the only violation you’re dealing with. For this offense, you could be charged with a misdemeanor and a fine between $25 and $500
However, if you are up against multiple offenses, you’ll face more serious penalties. Charges such as driving under the influence or refusing a breathalyzer test could cause your license to be suspended. 
Dealing with fines and penalties is not an ideal situation for anyone, and on top of that, your insurance rates will probably increase dramatically with each offense. Knowing the ins and outs of the laws in Maine can help you avoid paying a fortune for your premium. 

How to save money on car insurance in Maine

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There are a few exceptions, but generally, the driver is responsible for the violation even if the passenger is in possession of the open alcohol container.
Your license could be suspended if you refused a breathalyzer test in Maine.
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