Open Container Laws in North Dakota

If caught violating North Dakota’s open container law, you can face a fine of $50 and points on your driving record.
Written by Sophie Boka
Reviewed by Kathleen Flear
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If you’re caught violating North Dakota’s open container law, you can face a fine of $50 and points on your driving record.
It’s up to each state to define its open container law. So if you drive in North Dakota, it’s important that you know the ins and outs of the law there. Not only is this smart, but it can also help you save money on car insurance.
To help you out, top-rated
car insurance
comparison app
Jerry
is here with everything you need to know about the North Dakota open container law. Read on for clarification on the definitions, expectations, penalties, and even ways to save money on your
North Dakota car insurance cost
.
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What is the open container law in North Dakota?

North Dakota prohibits open containers in all vehicles with few exceptions. You can receive a citation if:
  • You possess open or unsealed containers of alcohol
  • The contents of your container have been partially removed
  • The container in the passenger section—anywhere within reach of the driver or passenger, including the utility or glove compartment
  • Your vehicle is on the highway or in a parking lot
  • Your car is in motion, stopped, or parked
Basically, unless your container is totally sealed and unopened, it has to be kept in your trunk. It doesn’t matter if you’re sober—if you do any of the above, you’re violating the law. 
And this law applies to both drivers and passengers. The owner of the car or the driver of the car can also be charged when the passengers are found in possession of an open container—even if the owner or driver was unaware. 

What counts as an open container?

In
section 39-08-18
, the state defines an open container as “any bottle or receptacle containing alcoholic beverages” that has “been opened, or the seal broken, or the contents of which have been partially removed.” 
This definition is incredibly broad, which means a lot could fall into it. Toss a basically empty can of beer on the backseat? Open container. Bringing home a recorked bottle of wine in the passenger seat? Open container. The best way to play it safe is to keep your alcohol tucked away in the trunk.

Exceptions to North Dakota’s open container law

Now, there are a few exceptions to North Dakota’s open container law, so take note.
If you’re a passenger in a vehicle-for-hire—such as a limo, bus, taxi—and you are sitting in the passenger section, you are allowed to have a drink.
Live in a motor home or camper? When the vehicle isn’t moving, passengers can have alcohol in the passenger section. However, there must be a partition (wall, door, curtain, etc.) between the passenger section and the driver.
North Dakota considers a beverage to be alcoholic when its volume contains at least 0.5% alcohol. So it’s possible to have an opened non-alcoholic beer or other low alcohol content beverages, like kombucha, in your vehicle.
Key Takeaway Play it safe North Dakota. If you have unopened containers in your vehicle, make sure they’re in the trunk.

Penalties for violating North Carolina’s open container law

If you’re convicted of violating North Dakota’s open container law, you’ll receive a fine of $50 and
points on your driving record
.
While $50 may not seem like a lot, it’s not the only thing you’ll need to pay. The more points on your record, the higher-risk you become to your car insurance company. And
your insurance rate will increase
the higher-risk you are. 

How to save money on car insurance in North Carolina

If you want to save money, start by keeping your record clean. If you want to save even more, switch with
Jerry
. We know how to get the best deals that secure you the biggest savings. Seriously, our average driver saves over $800 a year on car insurance.
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“My past tickets were making it hard to find affordable insurance. With
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FAQs

Both the driver and passenger can receive a ticket for violating the open container law in North Dakota.
As in most states, it is prohibited to drink in public spaces in North Dakota.
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