Open Container Laws in Washington
In Washington, you can be fined up to $250 for having an open container of an alcoholic beverage in your vehicle.
Written by Mary Cahill
Reviewed by Kathleen Flear
In Washington, you could face a fine of up to $250 plus fees for drinking an alcoholic beverage in a vehicle or for having a container of alcohol in your vehicle with a broken seal. Any open alcohol containers in the vehicle should be kept in the trunk.
Each state has a completely different set of laws when it comes to open alcohol containers in vehicles. Make sure you get familiar with how open container laws work in your state and any state you plan to visit.
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What is the open container law in Washington?
According to
Section 46.61.519
of the Revised Code of Washington, it’s against the law for a driver or passenger in a vehicle to drink alcohol or store an open container within reach of those in the cabin. The only alcohol receptacles legally allowed to be present in the cabin must have an unbroken seal. Keep in mind that Washington’s open container law still applies if you’re sober.
What counts as an open container?
If you’re thinking that the term “open container” only refers to a Solo cup containing an alcoholic beverage or a bottle of beer—think again. In Washington, any container containing alcohol that has been opened cannot be present in the vehicle.
The law also forbids storing alcohol in containers labeled as nonalcoholic—so that vodka in a water bottle routine you picked up in college won’t fly.
Exceptions to Washington’s open container law
Like many rules, the open container law in Washington has a few exceptions. You’re permitted to have an open container in the vehicle if:
- The vehicle is a live-in camper or motor home
- You’re a passenger in a for-hire vehicle such as a limo or town car
- You’re a passenger in a private vehicle driven by someone who has a commercial driver’s license and is transporting passengers as part of their job, such as a tow truck driver).
Again, these exceptions do not permit the driver of a vehicle to consume alcohol while driving.
Key Takeaway Being in possession of an open container of alcohol in the cabin of a car could cost you a fine of up to $250 plus fees.
Penalties for violating Washington’s open container law
Violation of Washington’s open container law can result in both the driver and passenger being fined upwards of $250 plus fees.
If you’re found to be in possession of an open container and the police officer suspects you may be driving while intoxicated, you may be asked to undergo a breathalyzer test. In the event that you’re arrested for breaking a Washington's DUI laws, you’ll have the opportunity to request a hearing within seven days of your arrest.
If you’re convicted of a DUI alongside an open container citation and it’s your first offense, you could be fined up to $5,000 and be ordered to serve up to one year in jail.
Charges like open container and DUI will likely increase the cost of your car insurance significantly—mostly due to the fact that drinking while driving is so dangerous.
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Who gets the ticket for an open container in Washington?
In Washington, both the driver and the passenger can get a ticket for an open container, depending on the circumstances.
What happens if you refuse a breathalyzer test in Washington?
If you refuse a breathalyzer test in Washington you could be fined between $500 and $5,000 and spend two to 364 days in jail. Serving 30 days of house arrest or 120 days in a live-in sobriety program are other alternatives.
What’s the blood alcohol limit for a DUI in Washington?
You could be arrested for a DUI in Washington if you have a blood alcohol content (BAC) of 0.08% or more. Drivers under 21 can be charged with a DUI if they have a BAC of 0.02% or more.
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