Violating Virginia’s open container laws can quickly lead to bigger problems—like being charged with driving under the influence. And a DUI charge may result in a $2,500 fine and up to one year in jail for a first offense.
Open container laws vary from state to state, and Virginia’s is a little confusing. Luckily, car insurance
comparison super app Jerry
is here to break down all the details of Virginia’s open container laws. We'll also show you how to save on your Virginia insurance costs
—so let's get started! What is the open container law in Virginia?
Virginia’s open container law is a little different than most states. Possession of an open container in a vehicle is technically not illegal in Virginia. However, consumption of alcohol while operating a motor vehicle is illegal in Virginia, and Virginia law states that a driver can be presumed guilty of consuming alcohol if there is an open container in the vehicle.
The law applies to open containers in the passenger area of a vehicle. But an open container of alcohol can be stored legally in the trunk of a vehicle, or if there is no trunk, behind the last row of upright seats, out of reach of the driver.
What counts as an open container?
According to Section 18.2-323.1 of the Code of Virginia
, an open container is “any vessel containing an alcoholic beverage, except the originally sealed manufacturer’s container.” So, even if you’ve replaced the bottle cap or cork, if the original seal is broken, it is considered an open container. Exceptions to Virginia’s open container law
Virginia’s open container laws apply to the passenger area of a vehicle. Open containers can be legally transported in the vehicle’s trunk or behind the last row of seats, so long as the container is not within reach of the driver.
Open containers and consumption of alcohol are allowed in the living area of motorhomes, as well as in vehicles for hire like taxis and limousines. Open containers can also be transported on buses.
Generally speaking, Virginia’s open container law does not apply to passengers. Passengers cannot be charged or fined for consuming or possessing an open container of alcohol in a vehicle. However, if you are in an area of Virginia that prohibits open containers on public streets—like Charlottesville or Chesterfield County—you can be charged with an open container because you technically have open alcohol in public.
While it’s not illegal for passengers to possess an open container, the mere presence of an open container in a vehicle can lead to a consumption of alcohol charge for the driver. Virginia law presumes that if there is an open container in a vehicle, the driver is guilty of consuming unless they can prove otherwise.
Key Takeaway It is not illegal to possess an open container in a vehicle, but it can easily lead to more serious charges for the driver.
Penalties for violating Virginia’s open container law
If you are charged with consumption of alcohol while operating a vehicle, you face a maximum fine of $2,500. But, that’s not necessarily the end of it.
If a police officer believes you have consumed alcohol while operating a vehicle, they may ask you to submit to a blood-alcohol content (BAC) test. If you fail the BAC test, you can be charged with driving under the influence in Virginia
, which can bring fines, a suspended license, and jail time—even for a first offense. A DUI will stay on your Virginia driving record for 11 years and can cause your insurance rates to skyrocket.
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How to save money on car insurance in Virginia
Virginia’s confusing open container law can quickly escalate to more serious and costly citations. These types of citations
can lead to license suspension and an increase in your car insurance rates. If you want to save money on car insurance in Virginia, it’s a good idea to just avoid having open containers in your vehicle altogether. You can also save money on car insurance by using Jerry
. It only takes 45 seconds to sign up with our trustworthy super app
—and you can save hundreds every year. Jerry compares your current rates with quotes from 50+ top providers and shows you the best ones. And Jerry is a licensed broker, so when you’ve found a good deal, Jerry can help you cancel your old policy and finalize your new one right in the app.