Open Container Laws in Wisconsin
Having an open container in a vehicle containing an alcoholic beverage is illegal in Wisconsin and may result in a fine of $100 for the driver or passenger.
Written by Mary Cahill
Reviewed by Kathleen Flear
Having an open container in your vehicle that contains an alcoholic beverage is illegal in Wisconsin and may result in a fine of up to $100 for the driver, passenger, or both. Penalties are even more severe if the offenders are under the age of 21.
Open containerlaws are different in every state, which is why it’s crucial for you to know your home state’s stance on having alcohol in a motor vehicle. And if you plan on traveling to another state—you should probably get acquainted with their open container laws too.
Car insurance
comparison and broker app Jerry
has put together a guide to help you answer any questions you may have about open container laws in Wisconsin. In this article, we’ll cover the basics of this law, its exceptions, and the penalties you could face if you’re caught with an open container in America’s Dairyland. Then, we'll review how to save on your Wisconsin car insurance costs
. What is the open container law in Wisconsin?
In accordance with
Section 346.935
of the Wisconsin Statutes, no one riding in a privately-owned vehicle is permitted to be in possession of any receptacle containing an alcoholic beverage that has been opened or had any of its contents removed. Any container of alcohol whose seal has been broken must be kept in one of the following places:- In the trunk of your car
- Behind the backseat, if your car doesn’t have a trunk
- In an area not inhabited by passengers, like the back of a pickup truck
Keep in mind that you can receive a
citation
for having an open container in your car in Wisconsin even if you’re sober. What counts as an open container?
Your idea of an open container might be a to-go cup without a lid sitting in the cupholder between the driver and passenger seats. The truth is, that half-drunk bottle of wine that you’re transporting home from a birthday party, or a near-empty flask in your boyfriend’s jacket pocket, is considered an open container in the eyes of the law.
In Wisconsin, the only alcoholic beverages you’re allowed to have in the cabin of your car are ones that are completely sealed.
Exceptions to Wisconsin’s open container law
There are certain circumstances in which you’re legally allowed to consume alcohol inside a vehicle—like if you’re a passenger in a limousine or motorbus that is being driven by a chauffeur.
Key Takeaway It’s illegal to have an open container of alcohol inside your car regardless of whether you’re the passenger or driver, and you could be fined if you break this law.
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Penalties for violating Wisconsin’s open container law
Failure to obey Wisconsin’s open container law is considered a traffic violation. A conviction for an open container charge will result in you being fined up to$100.
If you’re under the age of21 and ticketed for an open container, the fine can range from $20 to$400, and you could be in danger of having your
license suspended
. Unfortunately, an open container violation sometimes goes hand-in-hand with an arrest for
operating while intoxicated (OWI)
. Penalties for an OWI are much steeper than they are for an open container violation. The first offense in Wisconsin could have you paying between $150 and $300 in fines plus a $35 OWI surcharge. You’ll also be at risk for a license revocation lasting six to nine months.
Having a conviction on your driving record for an open container violation in Wisconsin can lead to
increases in your car insurance premium
. How to save money on car insurance in Wisconsin
Safe driving practices are the best way to keep insurance costs low, but if you do find yourself in hot water from an open container citation—it’s not the end of the road. Thanks to the expert assistance of
Jerry
, the trustworthy super app
and licensed broker, you can still find significant savings on your policy. All you need to do is answer a few simple questions about you and your car, and in less than a minute, Jerry browses quotes from top-rated insurance companies to find you the best quote on the coverage that suits your needs.
“By usingJerry, I found a policy that HALVED my monthly expenses with Geico! Best of all, they helped cancel my policy and got me a refund on my premium. This app is a lifesaver.” —Josiah T.
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Who gets the ticket for an open container in Wisconsin?
Both you and your passenger(s) are at risk of receiving a ticket if there’s an open container of alcohol in your vehicle.
What happens if you refuse a breathalyzer test in Wisconsin?
If you refuse a breathalyzer test in Wisconsin, your driver’s license may be revoked, and you may be faced with additional penalties.
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