Having an open container in a vehicle containing an alcoholic beverage is illegal in Wisconsin and may result in a fine of $100 for the driver or passenger.

Written by Mary Cahill

Reviewed by Kathleen Flear

Updated on Sep 6, 2023

Table of Contents

What is the open container law in Wisconsin?
Penalties for violating Wisconsin’s open container law
How to save money on car insurance in Wisconsin
FAQs

Having an open container in your vehicle that contains an alcoholic beverage is illegal in

Wisconsin

and may result in a fine of up to $100 for the driver, passenger, or both. Penalties are even more severe if the offenders are under the age of 21.

Open container laws are different in every state, which is why it’s crucial for you to know your home state’s stance on having alcohol in a motor vehicle. And if you plan on traveling to another state—you should probably get acquainted with their open container laws, too.

What is the open container law in Wisconsin?

In accordance with

Section 346.935

of the Wisconsin Statutes, no one riding in a privately-owned vehicle is permitted to be in possession of any receptacle containing an alcoholic beverage that has been opened or had any of its contents removed.

Any container of alcohol whose seal has been broken must be kept in one of the following places:

In the trunk of your car

Behind the backseat, if your car doesn’t have a trunk

In an area not inhabited by passengers, like the back of a pickup truck

Keep in mind: You can receive a

citation

for having an open container in your car in Wisconsin even if you’re sober.

What counts as an open container?

Your idea of an open container might be a to-go cup without a lid sitting in the cupholder between the driver and passenger seats. The truth is, that half-drunk bottle of wine that you’re transporting home from a birthday party, or a near-empty flask in your boyfriend’s jacket pocket is considered an open container in the eyes of the law.

In Wisconsin, the only alcoholic beverages you’re allowed to have in the cabin of your car are ones that are completely sealed.

Exceptions to Wisconsin’s open container law

There are certain circumstances in which you’re legally allowed to consume alcohol inside a vehicle—like if you’re a passenger in a limousine or motorbus that is being driven by a chauffeur.

Key Takeaway It’s illegal to have an open container of alcohol inside your car regardless of whether you’re the passenger or driver, and you could be fined if you break this law.

MORE:

What is a DUI? (DUI vs. DWI)

Penalties for violating Wisconsin’s open container law

Failure to obey Wisconsin’s open container law is considered a traffic violation.

A conviction for an open container charge will result in a fine of up to$100

If you’re under the age of 21 and ticketed for an open container, the fine can range from $20 to $400, and you could be in danger of having your

license suspended

Unfortunately, an open container violation sometimes goes hand-in-hand with an arrest for

operating while intoxicated (OWI)

. Penalties for an OWI are much steeper than they are for an open container violation:

The first offense in Wisconsin could have you paying between $150 and $300 in fines plus a $35 OWI surcharge.

You’ll also be at risk for a license revocation lasting six to nine months.

Having a conviction on your driving record for an open container violation in Wisconsin can lead to

increases in your car insurance premium

and the potential for an .

How to save money on car insurance in Wisconsin

Safe driving practices are the best way to keep insurance costs low, but if you do find yourself in hot water from an open container citation—it’s not the end of the road. Thanks to the expert assistance of

Jerry

, the

trustworthy super app

and licensed broker, you can still find significant savings on your policy.

All you need to do is answer a few simple questions about you and your car, and in less than a minute, Jerry browses quotes from top-rated insurance companies to find you the best quote on the coverage that suits your needs.

“By using
Jerry
, I found a policy that HALVED my monthly expenses with Geico! Best of all, they helped cancel my policy and got me a refund on my premium. This app is a lifesaver.” —Josiah T.