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Can passengers drink alcohol in a car?

I was the designated driver for my friends recently on a night out, and one of my friends swore it was legal for her to drink in the backseat. Is that true?

avatar
Macy Fouse · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
The answer is that it depends. Most US states have open container laws that forbid passengers to drink alcohol in a car while it’s moving. Ten states, however, allow open containers in the vehicle. The following states allow passengers to actually consume alcohol in the vehicle:
  • Alaska
  • Connecticut
  • Delaware
  • Mississippi
  • Missouri
  • Rhode Island
  • Tennessee
  • Virginia
In Arkansas and West Virginia, passengers cannot consume alcohol as long as the vehicle is on a public roadway. In Mississippi, there is no law on consuming alcohol for anyone in the car—as long as the driver stays under the legal blood alcohol content limit.
Depending on the state,
violating
this law can lead to criminal charges, serious fines, and even time in jail. It’s always best to check the law where you’re driving to be on the safe side.
Any type of infraction will lead to higher car insurance rates—but that doesn’t have to be the end of the story. When you use
Jerry
, you can find the cheapest coverage on insurance no matter what your driving record looks like. Just download the app, fill in your information, and see all your options in 45 seconds or less!
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