Open Container Laws in New York
If you violate the open container law in New York, you can be charged anywhere from $150 to $450 and potentially face jail time.
Written by Sophie Boka
Reviewed by Kathleen Flear
If you violate New York’s open container law, you can be charged anywhere from $150 to $450 and potentially face jail time.
Every state has its own code when it comes to open container laws. So if you’re a driver in New York, you’ve got to know what New York has to say about the law.
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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 New York?
The Laws of New York spells out the state’s open container law in
Section 1277
, “Consumption or possession of alcoholic beverages in certain motor vehicles.” According to New York law, you can receive a citation when:- An open container is in your vehicle
- The container—of any shape (can, bottle, etc.)—is open or unsealed
- The open container holds any amount of alcohol
- The container is located in the passenger area of the car, including the glove and utility compartment
- You are on a public highway or right-of-way
- Your car is in motion, stopped, or parked
Put simply, it is illegal to have open containers of alcohol in your car in any capacity unless it is sealed and kept in the trunk. This law applies to both drivers and passengers, regardless of sobriety level.
What counts as an open container?
An “open container” isn’t simply a brimming red Solo cup or a glass of wine. In New York, it’s loosely defined as “an open container containing an alcoholic beverage.”
This means that the law can be interpreted broadly: a discarded bottle with a barely remaining sip, a practically empty flask—you name it.
Exceptions to New York’s open container law
While New York is very inclusive with its open container definition, there are a few exceptions—so take note.
If you’re a passenger, you’re allowed to have an open container if you are in a licensed vehicle that’s hired to carry ten or more passengers for profit (think limo, bus, etc.).
If you go out to dinner, you’re allowed to take home resealed wine from a licensed restaurant if:
- You ordered a meal and consumed part of the bottle at the restaurant
- The bottle is in an obviously tamper-safe bag
- You were given and have a copy of the dated receipt
- It is kept in your trunk
Key Takeaway In New York, “open container” is defined broadly. Play it safe and keep it out of your vehicle.
Penalties for violating New York’s open container law
If you’re found violating New York’s open container law, it’s considered a traffic infraction. Here are the potential penalties:
Offense | Fine | Jail time |
|---|---|---|
First | $150 | 15 days |
Second (within 18 months) | $300 | 45 days |
Subsequent | $450 | 90 days |
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In addition to these consequences, you can expect to pay additional court fees and receive points on your driving record.
If you’re caught offending, that could leave a pretty big dent in your wallet. The fines are high, sure, but the impact on your driving record could also spike your car insurance rate.
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Who gets the ticket for an open container in New York?
Both drivers and passengers can receive a ticker for possession of an open container in New York.
What happens if you deny a breathalyzer in New York?
If you refuse to take a breathalyzer test in New York, you can be fined $500 and your license can be suspended.
