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 Georgia, the open container law is codified in the Official Code of Georgia Annotated (O.C.G.A.) § 40-6-253. This law prohibits the possession of any open alcoholic beverage container in the passenger area of any motor vehicle that is on the roadway or on the shoulder of any public highway. This applies to both drivers and passengers. The passenger area is defined as the area designed to seat the driver and passengers, including any area within reach of a seated passenger. An open container is defined as any bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, has a broken seal, or the contents of which are partially removed. Violation of Georgia's open container law is a misdemeanor offense and typically results in a fine. It is important to note that the law does not apply to the living quarters of a motor home or the rear compartment of a vehicle without a trunk. Additionally, local ordinances may also apply and can vary from one jurisdiction to another within the state.