Can a Passenger in a Car Drink Alcohol in Pennsylvania?

If I’m a passenger, can I drink in the car in Pennsylvania?  What about if I’m driving, can my passengers drink?  While it goes without saying that we cannot drink and drive, these are valid questions.  After all, if you’re a passenger, you’re not driving under the influence  and putting lives at risk.

However, under Pennsylvania law, passengers drinking alcohol in a car is generally not permitted, and open containers are prohibited for both drivers and passengers.

What are the Pennsylvania Open Container Laws?

Pennsylvania Open Container Laws apply to everybody in the car, not just the driver. Under this law, both drivers and passengers may not possess an open alcohol container while on the roads. Pennsylvania state laws specifically prohibit this behavior, and these regulations may differ from those in other states.

Note: This law applies to everyone in the car, regardless of who is holding the container.

Simply, a passenger cannot drink in the car while it is on the roadway anywhere throughout Pennsylvania.

What if the car is parked? Can a passenger drink in the car then?

Importantly, the Pennsylvania Open Container Laws apply when your car is parked, as well. While this means that the driver cannot drink while sitting in the car on the road, the law goes even further. It also means that a passenger cannot have an open container of alcohol while sitting in the car on the road. However, if your car is parked on private property, such as a driveway or private lot, the law may be different and more permissive regarding open containers. While it may seem like the law goes far enough in saying that a passenger cannot drink in the car, the law is even more restrictive. Make sure your passenger knows that they cannot have an open container of alcohol in the car.

What if I’m not actually drinking the alcohol? Can a passenger have an open container in the car?

While this may seem like splitting hairs, you do not need to actually be drinking to violate the Pennsylvania Open Container Laws. While a passenger cannot drink in the car, a passenger cannot sit and hold an open container of alcohol, either, as possession of an open container is a violation regardless of whether the person is drinking. It does not matter that your passenger may not have consumed any of the alcohol. Any person found with an open container can be charged. Just holding the open container may lead to a criminal charge. A container with a broken seal is considered an open container under the law.

Are there Exceptions to this Law?

Yes, there are exceptions where a passenger can drink in the car.  While they will not allow you and your friends to drink in the car while simply driving around together, it is important to know the exceptions.  A passenger may drink in the car under the following circumstances:

• You are the passenger sitting in a passenger seat (not the driver’s seat) of a vehicle that transports people for a fee.  This could include vehicles like buses, taxis, and limousines.
• You are a passenger sitting in the living area of a house coach or house trailer. In some cases, the back seat of certain vehicles, such as a motor home with designated living quarters, may be treated differently under the law.

Make sure to read these exceptions very carefully so you don’t make a big mistake.

What is the Penalty for a Passenger Drinking in a Car?

If you are caught as a passenger drinking in a car, or in any of the other circumstances we have discussed, you can be charged with a summary offense and made to pay a fine.  The fine may be up to $300 and you may also serve up to 90 days in jail.  By itself, this may not sound like a big concern.  However, having a conviction for violating the Pennsylvania Open Container Laws can lead to several other consequences:

• Having a criminal record
• Higher car insurance costs
• Your car insurance dropping its coverage
• If you have a prior criminal record, your penalties may be increased

Therefore, while the actual criminal penalty may not be severe, a conviction can have substantial effects on your life.

What if My Passenger is Not From Pennsylvania?

The Pennsylvania Open Container Laws apply to actions occurring in Pennsylvania.  Therefore, a passenger cannot drink in the car here, even if they live in a different state.  This is very important to know because open container laws can vary from state to state.  Across the country, open container laws differ, and many states have their own specific rules regarding whether passengers can drink alcohol in vehicles.  As a result, if you have a guest who is visiting from a different state, they may not know whether a passenger can drink in the car in Pennsylvania.  Make sure you inform them of the law to avoid any problems.

Why is there an Open Container Law?

Most states have open container laws. The federal law sets a general rule that most states follow regarding open containers. Many of these laws are inspired by the Transportation Equity Act for the 21st Century. This federal law actually defines what it means to have an open container in the passenger area of a car. Open container laws are generally similar across states, with some exceptions to the rule. It also supports states in creating their own open container laws, such as the Pennsylvania Open Container Laws.

What if I’m Legally Allowed to Drink?

While it may not make total sense, a passenger cannot drink in the car even if they can legally use alcohol for some other purpose.  This is not a defense to the charge and you can still be convicted.  Long story short, a passenger cannot drink in a car unless one of the exceptions applies that we discussed earlier in this article.

Open Alcohol and Passenger Safety

Open container laws play a crucial role in promoting passenger safety and reducing the risk of accidents caused by drinking alcohol in a car. In most states, including Pennsylvania, it is illegal for passengers to drink alcohol or possess an open alcoholic beverage container in the passenger area of a vehicle. These laws are designed to prevent distractions and impaired judgment that can endanger everyone in the car, as well as others on the road.

The rules regarding open alcohol containers can differ significantly depending on where you are. For example, while some states like Rhode Island may have more lenient regulations allowing passengers to drink alcohol under certain circumstances, most states strictly prohibit open containers in vehicles. In these places, even having an open bottle or can of beer, wine, or any alcoholic beverage in the passenger area can result in fines, penalties, or even criminal charges. Police officers are vigilant about enforcing these regulations, and being caught with open alcohol in a car can quickly escalate to more severe charges, especially if there is suspicion of DUI.

To avoid a container violation, it’s essential for both drivers and passengers to be aware of the local laws and regulations regarding open containers and drinking alcohol in vehicles. For instance, some states require that any open alcohol containers be stored in the trunk or another area not accessible to the passenger area, while others have exceptions for certain types of vehicles, such as limousines or motor homes. In motor homes, passengers may be permitted to consume alcohol in the living quarters, but this exception does not apply to standard cars or trucks.

Understanding and following open container laws not only helps you avoid legal trouble and costly fines, but also supports safer roads for everyone. These laws are in place to prevent situations where drinking alcohol in a car could lead to impaired driving, which carries even more severe DUI penalties and life-altering consequences. Remember, the rules can vary widely from state to state and even between local jurisdictions, so it’s always wise to verify the specific regulations wherever you are traveling.

In summary, open container laws are about more than just following the rules—they are about protecting lives and preventing dangerous situations. Whether you’re a driver or a passenger, make sure you know the laws in your area, keep any open alcohol containers out of the passenger area, and never drink alcohol in a car unless you are certain it is permitted under specific exceptions. By staying informed and making safe choices, you can avoid fines, criminal charges, and the risk of more severe consequences down the road.

I was Hit by a Car that had an Open Container Inside, What Should I Do?

If you were in a car accident and the vehicle that hit you had an open container of alcohol inside, make sure you contact an experienced attorney.  This can be very important for your case.  It’s possible the driver who caused the accident was under the influence of alcohol.

We have previously written about the Limited Tort election that can limit your compensation in a car accident. However, if the at-fault driver is convicted of a DUI offense, you can receive additional compensation for your pain and suffering. If you are facing DUI charges in York, PA, it is important to seek legal guidance to protect your rights.

Kitay Law Offices is Here for You!

If you have been charged with a violation of the Pennsylvania Open Container Laws, it is important that you have an experienced attorney on your side. Our firm has extensive experience representing clients facing open container or alcohol-related charges, and we are dedicated to protecting our clients’ rights throughout the legal process. Contact Kitay Law Offices at 888-KITAYLAW for a consultation. We can help! For more information or assistance, consider completing our online contact form.