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 Florida, open container laws are governed by Florida Statutes Section 316.1936, which prohibits the possession of open containers of alcoholic beverages in the passenger area of a motor vehicle. The law applies to vehicles on a public highway or right-of-way. An open container is defined as any container of alcoholic beverage that is immediately capable of being consumed from, or the seal of which has been broken. The driver of the vehicle is held responsible for ensuring compliance with the law, but passengers may also be cited for possessing an open container. Violation of Florida's open container law is considered a noncriminal moving traffic violation, which is typically punishable by a fine and may also include points against the driver's license. Unlike some states, Florida does not allow passengers to consume alcoholic beverages in a motor vehicle, and there are no exceptions for vehicles like limousines or party buses.