According to Georgia’s open container laws, both passengers and drivers are prohibited from possessing or drinking alcohol in a car—though there are exceptions to the rule.

Laws around alcohol, open containers, and cars vary from place to place across the country, so brushing up on your state’s laws is important. By studying Georgia’s open container laws, you could avoid a hefty fine,

license suspension

, or possible jail time.

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comparison super app, has created this overview of Georgia’s open container laws. We’ll take a closer look at how the law applies to passengers, including exceptions and penalties for an open container violation in the Peach State. If you're also looking for the

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Can passengers drink alcohol in a car in Georgia?

No—according to

§ 40-6-253

of the Official Code of Georgia Annotated (O.C.G.A).

Georgia’s

open container laws

strictly prohibit the consumption or possession of open containers of alcohol by drivers and passengers alike in a vehicle’s passenger area on all roadways or on the shoulder of a public highway.

Let’s tackle one big question right away: what is an open container? An alcoholic beverage, whether it’s beer or wine (with 0.5% or more of alcohol by volume) or distilled spirits, is considered an “open container” if the alcoholic beverage is opened, the seal has been broken, or some of the contents have been removed.

If the driver is alone with any open containers of alcohol in the passenger area, the driver will be charged with an open container violation. For example, if you’re the designated driver one evening and a friend leaves a half-empty bottle of alcohol in your car, that’s an open container—and you need to remove it as soon as possible. Otherwise, if you get pulled over on your way home and the police find it, you’ll be the one paying the price even if you are sober.

MORE:

What is a DUI? (DUI vs. DWI)

Exceptions to open container laws in Georgia

Like most states, there are exceptions to the open container laws for passengers in Georgia.

Georgia passengers may legally possess an open container of alcohol in the passenger area of a vehicle that is intended for transporting occupants in exchange for compensation such as a taxi cab, limousine, or party bus. This exception also applies to passengers with an open container in the living area of a motor vehicle or house trailer.

Another exception to Georgia’s open container law involves transporting an unfinished bottle of wine from a restaurant licensed to sell alcoholic beverages. If a customer has paid for a meal but only consumes some of the contents of a wine bottle, the customer may legally take their partially consumed bottle home.

According to

O.C.G.A. § 3-6-4

, Georgia drivers are authorized to transport a partially consumed bottle of wine if the restaurant does the following:

Reseals the bottle of wine securely

Puts the wine bottle into a container that clearly shows whether it’s been opened

Includes a receipt on the bag or container displaying the date of purchase

Please note that you must keep your unfinished bottle of wine in a locked trunk or glove compartment. If you don’t have a trunk, you can place your bottle in the area behind the last upright seat of your car.

The final exception applies to malt beverages that were produced in private residences. Drivers in Georgia may legally transport a malt beverage if:

The malt beverage container has been tightly sealed

The container has been visibly labeled with the producer’s name and address

The container is placed in a locked trunk or glove compartment or the area behind the last upright seat of your vehicle

MORE:

DUI laws in Georgia

Penalties for an open container violation in Georgia

In Georgia, it’s considered an

infraction

when you violate the state’s open container laws. If you get pulled over by law enforcement and a passenger gets caught with an open container of alcohol, the passenger will be given a fine of up to $200.

And even if the driver is sober in this situation, that still doesn’t get you off the hook. If you’re the operator of a motor vehicle and get caught with a passenger that possesses an open container of alcohol in the passenger area of your vehicle, you as the driver will also receive a maximum fine of $200 and could even be arrested.

But that’s not all. Since Georgia uses a

point system

, the driver will also receive two points to your Georgia driver’s license. And if you collect more than 15 points during a 24-month span, your license will get suspended for one year and you may have to pay an additional $200 fine.

In other words, don’t let your passengers have an open container of alcohol in your car because you as the driver will be the one to deal with the bulk of the legal consequences.

Key Takeaway If you get caught with a passenger that’s in possession of an open container of alcohol, the passenger will receive a $200 fine, you as the driver will also get a $200 fine.

How to save on car insurance in Georgia

If you violate Georgia’s open container laws, you’ll not only pay a steep fine to the state or worse but your insurance rates will skyrocket as well. The best way to avoid overpaying on car insurance is by obeying your state’s open container laws (along with all rules of the road!) and downloading the

Jerry app

We keep it simple: just download the app and sign-up in less than one minute to unlock multiple competitive quotes from some of the top insurance providers in the nation. As a

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How much can you save? Jerry customers find an average of $800+ a year in car insurance savings when they make the switch.