Open Container Laws in Alaska
A person who is found guilty of violating the open container law in Alaska will receive a two-point penalty and be fined up to $300.
Written by Tiffany Leung
Reviewed by Kathleen Flear
If you have an open container of alcohol in your passenger area, you are in violation of the open container law in Alaska. It is not a criminal offense but you will get two points on your driving record and be fined up to $300.
Open container laws vary greatly among states, so it is important to know that there are some differences to avoid being charged with an infraction.
To help you get familiarized with the open container laws in Alaska,
Jerry
, the car insurance
comparison and broker app, has gathered the information below to get you started. Learn more about the penalties, exceptions, and how you can avoid an infraction so you can get cheap insurance in Alaska
. What is the open container law in Alaska?
Section 28.35.029
of the Alaska Statutes 2020 states that a person may not drive a motor vehicle on a highway or road when there is an open container of alcohol in the passenger compartment of the car. According to this section, containers with a broken seal are considered open.You will be found guilty of an open container law infraction if any open alcoholic beverages are present in the passenger area of the car in Alaska, regardless of who the container belongs to or if you’re sober. To transport alcoholic beverages, they should be kept sealed or stored in the trunk, glove compartment, or area behind the last upright seat.
What counts as an open container?
According to Alaska law, an open container is defined as any container that has a broken seal.
For example, a resealed bottle of sake would be considered open and you will get in trouble for having it in the passenger area of your car. A completely sealed bottle of wine will be fine in the car as long as it is stored in the trunk, glove compartment, or behind the last upright seat.
MORE:
Alaska DUI laws
Exceptions to Alaska’s open container law
There are a few exceptions to Alaska’s open container law. You can have an open container of alcohol in a vehicle under the following circumstances:
- You are a passenger on a bus and the open container isn’t accessible to the driver
- You are behind a solid partition separating the driver from the passenger area
- It is locked in the trunk or cargo compartment of the vehicle
- It is enclosed in another container behind the seat of a vehicle with a trunk
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Penalties for violating Alaska’s open container law
If you’re found guilty of an open container law infraction without violating other laws in Alaska, you’ll be fined up to $300 and will receive two demerit points on your license. Your license will be suspended if the demerit points push you over the limit. However, this is not a criminal offense and will not result in jail time.
If you are also intoxicated at the time of the offense, you will be asked to take a breathalyzer test. Your license will be suspended if your result is .08 or higher. Below are the suspension periods:
- First offense: 90 days
- One prior conviction of DUI or refusal: One year
- Two prior convictions of DUI or refusal: Three years
- Three or more prior convictions of DUI or refusal: FIve years
Regardless of whether or not you are convicted of a DU, an open container law infraction will lead to a hike in car insurance premiums. You can prevent this from happening when you know the details of the law.
Key Takeaway Knowingly having an open container of alcohol in your car’s passenger compartment could lead to a $300 fine and two points on your driving record.
How to save money on car insurance in Alaska
Aside from obeying Alaska’s open container laws to prevent your insurance premiums from going up, you can also find a new policy with a better rate.
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Who gets the ticket for an open container in Alaska?
Both you and your passenger can be found guilty of an open container law infraction while on Alaska roads.
What happens if you deny a breathalyzer in Alaska?
Your license could be suspended from refusing to take a breathalyzer test in Alaska.
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