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 Mississippi (MS), it is illegal to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle on a public highway, under Mississippi Code Section 63-11-30. However, Mississippi's open container laws are less restrictive compared to many other states. Passengers in a vehicle are allowed to consume alcohol, and the driver is permitted to have an open container in the vehicle as long as they are not consuming it and their blood alcohol content is below the legal limit. The law does not apply to passengers in a vehicle designed, maintained, or used primarily for the transportation of persons for compensation, such as buses, taxis, or limousines. Violations of open container laws in Mississippi are considered misdemeanors, and penalties may include fines but do not typically result in jail time or driver's license suspension for the first offense.