Open Container Laws in West Virginia
West Virginia law prohibits consuming any alcoholic beverage in the passenger area of a vehicle whether driving or parked. Violators may be fined up to $100.
Written by Mary Cahill
Reviewed by Kathleen Flear
West Virginia law prohibits the consumption of any alcoholic beverage in the passenger area of a vehicle whether driving or parked. Violators may be fined up to $100 and be charged with a misdemeanor.
When it comes to open container laws, every state has a different interpretation of what’s allowed. That’s why it’s important that you know the provisions of this law in your home state—and any state you plan on visiting.
In order for you to better understand the open container law in West Virginia,
car insurance
comparison super app and licensed broker specialist Jerry
has compiled a guide to the ins and outs of how this law applies to drivers and passengers. We’ll talk about the basic rules, penalties, and exemptions of having alcohol in your car. Read on to learn more—including how save on your
West Virginia car insurance costs
!What is the open container law in West Virginia?
Chapter 17C Article 5D-3
of the West Virginia Code states that “it is unlawful for the operator or a passenger of a motor vehicle to consume any alcoholic beverage in the passenger area of a motor vehicle”. The law defines the term open container as any receptacle that:- Contains any amount of alcohol
- Has a broken seal
- Has had any of its contents removed
This means that the only alcohol container permitted in the passenger area of your car must have an unbroken seal—otherwise, it must be stored in the trunk, glove compartment, or locked center console.
What counts as an open container?
You might think of an open container as a plastic cup with a mixed drink in it or a cracked open can of spiked seltzer, but West Virginia’s open container law takes it a step further.
Didn’t finish that bottle of wine you ordered at the restaurant? It’s illegal for you to put the re-corked bottle in the back seat, although it's fine to put it in the trunk (or behind the back seats if your vehicle has no trunk). The same thing goes for carrying a flask—while it’s legal for you to have it in your pocket outside of your vehicle, you must stash it in your trunk once you get behind the wheel.
Exceptions to West Virginia’s open container law
There are some exceptions to West Virginia’s ban on open containers in vehicles. While it’s always illegal for a driver to consume alcohol inside the vehicle, a passenger is permitted to drink when:
- The vehicle is a motor home, house trailer, or self-contained camper.
- The vehicle requires passengers to compensate for their transportation, like when you pay for a ride in a bus, taxi, or limousine.
Key Takeaway Drivers and passengers who consume alcohol within the passenger area of a vehicle are violating West Virginia’s open container law and will face a ticket fine.
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Penalties for violating West Virginia’s open container law
Those who are found guilty of breaking the open container law in West Virginia may be charged with a misdemeanor and risk being fined between $50 and$100.
If your open container charge is accompanied by a more serious charge like a
DUI in West Virginia
, you’ll be subject to an additional fine ranging from $100 to$500 and be looking at up to six months of jailtime. A DUI conviction that results in the death of another person may result in a $1,000to$3,000fine and a prison sentence of three to five years.
Not only are charges like open container and DUI road safety hazards, but these convictions also cause your insurance rate to rise to uncomfortable heights.
How to save money on car insurance in West Virginia
Safe driving with regard to West Virginia’s open container law is a great way to score a lower premium on your car insurance. You can save even more money by consulting the
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and licensed broker, Jerry
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You won’t need to fill out any boring paperwork or call any insurance agents to get your quote. Jerry handles the entire shopping process from start to finish—right down to helping you cancel your existing policy!
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Who gets the ticket for an open container in West Virginia?
In West Virginia, both the driver and the passenger can get a ticket for violating the open container law.
What happens if you refuse a breathlyzer test in West Virginia?
If you refuse a breathalyzer test in West Virginia, your driver’s license will be revoked for at least 45 days.
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