Maxine Boyko
· 3 min read
Violating
New Jersey
’s open container law by possessing an open container of alcohol in a vehicle can result in a $250 fine and 10 days of community service. It will also remain on your driving record
indefinitely. Every state has its own laws surrounding open containers. It’s important to know the open container law in your state so you can avoid repercussions like fees and community service.
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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+ driversWhat is the open container law in New Jersey?
According to
New Jersey Statutes Annotated Title 39
, all drivers and passengers in a vehicle are prohibited by law from possessing an open, unsealed alcoholic beverage container on a public roadway. What counts as an open container?
In New Jersey, an open container is classified as a beverage container that:
- Is open
- Has its original seal broken
- Is not the beverage’s original container (including a cup, glass, bag, box, or wrapping)
It's important to understand that you don't have to be drinking or under the influence to be charged with an open container law violation. Simply being in a vehicle with an alcoholic beverage not in its original container or with a broken seal (think take-out cocktails or leftover wine) can lead to pretty serious penalties.
Exceptions to New Jersey’s open container law
There are, of course, exceptions to New Jersey’s open container law. Passengers on a charter or special bus or in a limousine are not subject to the open container law in New Jersey.
If you are in your own vehicle, however, the only way you are not deemed in possession of open alcoholic beverage containers is if the unsealed or open container is stored in the following places:
- In the trunk
- Behind the last upright seat in a vehicle that doesn’t have a trunk
- The living quarters of a motor home or house trailer
Penalties for violating New Jersey’s open container law
Violators of New Jersey's open container law will be penalized with a $200 fine for a first offense. For a subsequent violation, the person will be fined $250 or court-ordered to 10 days of community service.
If a law enforcement officer suspects you have a blood-alcohol content (BAC) above the legal limit based on observational evidence (even without a BAC test), you can still face penalties, including:
- License suspension: 3 months
- Fines, fees, and other charges: $1,755 to $1,905 in fines
- Jail time: Up to 30 days
- Alcohol rehabilitation program: 12–48 hours of attendance
It’s pretty scary to think you could end up with some serious DUI penalties even if you weren’t drinking—all because you had an open container with you in your vehicle. And if you were drinking and you’re convicted of breaking
New Jersey's DUI laws
, the penalties are even more serious: - License suspension: 7 months to 1 year
- Fines, fees, and other charges: $1,805 to $2,005
- Jail time: Up to 30 days
- Alcohol rehabilitation program: 12–48 hours of attendance
- With a BAC of 0.15% or more: Ignition interlock device during license suspension plus 6 months to 1 year following license restoration
Keep in mind: If your license is suspended, you'll need to get your insurance provider to file an
SR-22
on your behalf in order to reinstate your license. Key Takeaway If you are found with an open alcoholic beverage while in a vehicle, you could be fined up to $250. If you are believed to be under the influence, the penalties are much more severe.
How to save money on car insurance in New Jersey
You can save money, time, and stress by obeying New Jersey's open container laws. And if you’d like to save money on car insurance, you can save money, time, and stress by downloading the
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app. After a quick signup, Jerry will cross-analyze quotes from more than 50 leading insurance companies in the U.S. Once you’ve found the best policy for you at the best price, our
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Who gets the ticket for an open container in New Jersey?
Any occupant—either the driver or the passenger(s)—of a vehicle with an open alcoholic beverage can be ticketed in New Jersey.
What happens if you deny a breathalyzer in New Jersey?
Denying a breathalyzer in New Jersey could lead to a license revocation of at least seven months.
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