In most states it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public roadway or on the shoulder of a public roadway. These open container laws vary from state to state and a few states allow a passenger to possess and consume an alcoholic beverage in a motor vehicle.
Open container offenses are usually charged as a misdemeanor or as an infraction, and penalties may include a fine, driver’s license suspension, and jail time.
Open container laws are located in a state’s statutes—often in the penal or criminal code, the transportation code, or the motor vehicle code.
In Alabama, it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public highway or right-of-way of a public highway. This is outlined in Section 32-5A-330 of the Alabama Code. The law applies to both drivers and passengers, and the passenger area is defined as the area designed to seat the driver and passengers, including any area within reach of a seated passenger. Violation of Alabama's open container law is considered a misdemeanor. Penalties for an open container violation can include fines, but unlike some states, Alabama does not impose driver's license suspension or jail time for this offense alone. However, if the open container violation is part of another offense, such as driving under the influence (DUI), the penalties can be more severe, including license suspension and jail time.