The Law On Open Containers In Vehicles

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Summer is here. And unfortunately, warm-weather fun brings warm-weather dangers. More traffic fatalities occur on Washington’s roads during summer months than any other time of year. In order to crack down on dangerous driving, law enforcement puts extra emphasis on traffic patrols. According to the Washington Traffic Safety Commission, there were 253 fatal crashes on state roadways between June and September 2024.

What if you’re found drinking alcohol in a car, but your driver hasn’t had a drop? How can you expect law enforcement to react? Will you get pulled over for drinking in the passenger seat?

WASHINGTON’S LAW ON OPEN CONTAINERS: RCW 46.61.519

Under RCW 46.61.519, Drinking alcohol in a vehicle on the highway is a traffic infraction. It’s illegal to have an open container with an alcoholic beverage in a vehicle at all, regardless if the driver drinks from it. The statute describes an “open container” as “a bottle, can, or other receptacle containing an alcoholic beverage if the container has been opened or a seal broken or the contents partially removed.”

CAN THE DRIVER GET PULLED OVER FOR THE PASSENGER’S OPEN CONTAINER?

Yes. Open containers in vehicles are considered a primary violation, meaning you can get pulled over for having one. The primary reason passengers cannot drink is to prevent driver’s access. If a passenger has an open container, they can easily pass it to the driver. Law enforcement would have no way to determine if the driver had been drinking and simply passed the container to a passenger.

CAN A DRIVER GET PULLED OVER FOR DISGUISING AN ALCOHOLIC BEVERAGE?

Yes. Under RCW 46.61.5195, it is an additional infraction to try and disguise an alcoholic beverage in order to get around this state code. These traffic infractions come with a fine of $145.

WHAT ARE THE EXCEPTIONS TO THE STATUTE?

There are some exceptions to Washington’s “Open Container” statute. The code does not apply for open containers:

  • In public services commercially chartered for group use, like a party bus.
  • In the living quarters of motors homes or campers.
  • With passengers in a licensed for-hire vehicle (not rideshares), like a limousine.
  • When a privately-owned vehicle is driven by a licensed employee under normal work conditions.

Patrols will be looking for dangerous behaviors like speeding and drunk driving. Please contact my office if you, a friend or family member are charged with Reckless Driving, DUI or any other vehicular crimes. Hiring an effective and competent defense attorney is the first and best step toward justice.