Open Container Laws in Oregon
In Oregon, you can be fined a maximum of $1,000 for having any opened container of alcohol in the passenger area of your car, even if you’re completely sober.
Written by Sara Brody
Reviewed by Kathleen Flear
Under Oregon’s open container law, you can receive a fine of up to $1,000 for having an open container of alcohol in your car—even if you’re completely sober. While fines may also be lower, with the minimum fine listed as $135, it’s still ideal to avoid breaking this law in the first place.
Since open container laws in America vary from state to state, it’s important to learn your local rules.
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4.7/5 rating on the App Store | Trusted by 5+ million customers and 7 million cars4.7/5 app rating | Trusted by 5M+ driversWhat is the open container law in Oregon?
Section 811.170
of the Oregon Vehicle Code deals with circumstances on the road in which opened containers of beer or liquor are prohibited. According to this law, you can get a citation in the following cases:- You have an open or unsealed container—such as a can, bottle, or other receptacle—containing any amount of alcohol in your car
- The container is in the passenger area of the car (e.g., the area designed for seating)
- You are on a public highway and the vehicle is in motion, stopped, or parked
Put simply, it’s almost always illegal to have an open container of alcohol in your car in Oregon. If you are traveling with alcohol in your car, it must be sealed and stowed in the trunk or area behind the last upright seat—and not in the glove compartment, which is considered accessible to passengers by Oregon law. Even if you haven’t consumed alcohol while driving, you can still be fined for violating the open container law.
What counts as an open container?
An open container refers to any receptacle that was previously uncovered or has a broken seal. This means that even re-sealed containers are illegal to store in the passenger area of your car while driving.
In other words, fully sealed bottles of wine or liquor are fine, especially if they’re stored safely in the trunk or behind the backseat. With anything else, you’re likely better off dumping the drink before hitting the road.
Exceptions to Oregon’s open container law
In Oregon, if you are riding in a chauffeured limousine, you can possess and consume alcoholic drinks in the passenger area of the vehicle. This is the sole exception to Oregon’s open container law.
Key Takeaway The fine for violating Oregon’s open container law can be as lofty as $1,000.
Penalties for violating Oregon’s open container law
Violation of the open container law in Oregon is considered a Class B traffic violation, usually punishable with a presumptive fine of $265—but the total can be as low as $135 and as high as $1,000.
But even if you dodge the bullet with a lower-than-average fine, an open container citation can still lead to significant insurance rate increases. To avoid rising premiums, it’s important to understand the details of the law and follow it carefully.
MORE:
Oregon DUI laws
How to save money on car insurance in Oregon
The best way to keep yourself and your car safe is to follow the law—and doing so should result in lower insurance premiums.
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Who gets the ticket for an open container in Oregon?
Generally, the open container law applies to both drivers and passengers—unless the vehicle in question is operated by a common carrier, in which case passengers are not held accountable.
What happens if you deny a breathalyzer in Oregon?
Your license can be suspended for 30 days if you refuse to take a breathalyzer test in Oregon.
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