Open container laws are about alcohol in vehicles. They vary by state and locality, so this is a general overview and not legal advice.
Beer Safety makes cooler accessories to protect cans and gear. We do not encourage drinking and driving, and we do not encourage opening alcohol in a vehicle. A cooler is for carrying sealed drinks to where you will enjoy them, not a way to drink on the road.
If you are the driver, do not drink. If you are a passenger, know the rules where you are. This page explains the general legal concept so you can plan responsibly.
The point of a responsible brand is to say this up front. Non-alcoholic drinks, water, sports drinks and sodas ride in the same cans and the same coolers. Our organizers are designed for cans in general, and many of our customers will use them for exactly that.
Open container laws generally prohibit having an open alcoholic beverage container in the passenger area of a vehicle, and many also prohibit drinking alcohol while riding in a vehicle. They exist to reduce drinking and driving.
The federal government encourages states to adopt them through a program in 23 U.S.C. 154, which defines an open alcoholic beverage container as a bottle, can or other receptacle that contains any amount of alcohol and is open, has a broken seal or has had some of its contents removed. States that do not meet the federal standard face a transfer of some federal highway funds, which is how the federal government encourages compliance. Whether and how a law applies to you depends on state and local law.
The reason the rules focus on the passenger area is simple: a driver with easy access to an open drink has an easy opportunity. Lawmakers wrote the rules around access, not around the type of container or where it came from. Understanding that logic helps you predict how a rule might apply to a cooler on the seat, in a cab or in a cargo area.
Under the federal approach, the covered area includes the passenger area and any area readily accessible to the driver or passengers while in their seats. Unlocked glove compartments are included in that. Containers generally need to be stored out of reach, such as in a trunk, or in a vehicle without a trunk, behind the last upright seat or in an area not normally occupied by people.
How that applies to a truck bed, a cargo area, a camper or a boat varies. Do not assume that a spot is exempt. Check the law in the state you are in.
Putting an open can in a cooler does not make it legal in a vehicle. A cooler in the passenger area is in the passenger area. Sealed, unopened containers are generally treated differently from open ones, but the details come from state law.
Practical habits help. Keep alcohol sealed while traveling, store the cooler in an area that is not accessible to the driver and passengers where the law requires it, and open drinks only at your destination. Never let the driver drink.
Remember that passengers who are legally allowed to drink somewhere can still be affected by rules about the driver and the vehicle. A driver is responsible for the people and cargo in the vehicle. Use common sense, and when you are unsure how a rule applies, treat the alcohol as if it must stay sealed and out of reach until you arrive.
States write their own laws, and the details differ: what counts as the passenger area, whether drinking by passengers is prohibited, penalties, and exceptions for certain vehicles such as buses, taxis and the living quarters of motor homes. Federal law allows states to treat some paid-passenger vehicles and motor home living quarters differently.
Penalties vary widely. Some places treat it as a minor infraction with a fine, others as a misdemeanor, and in some states additional penalties apply to drivers under 21. Local rules for parks, campgrounds, beaches and public lands add another layer, and many places restrict alcohol even when it is not in a vehicle.
Some places have laws specific to certain vehicles. Taxis, limousines and buses are often treated differently from private cars, and motor homes may treat living quarters differently from the cab. If you travel in a camper, van or RV, read the rule for that vehicle type in the state where you are driving, and remember that the cab is usually treated like the passenger area of a car.
Even if your destination permits drinking, the rules for getting there still apply. Campgrounds and parks often have their own alcohol policies. Boats have their own rules, which differ from road rules and vary by state and waterway. If you plan to drink at a tailgate or campsite, plan a safe ride home or an overnight stay.
When in doubt, call the local park office or sheriff's non-emergency line, or read the state statute or agency page for your location.
If you are traveling across state lines, remember that you are subject to the law of each state you drive through. A rule that is relaxed in one place may be strict in the next, so it is a good idea to treat alcohol as sealed and out of reach for the whole drive.
Securing a cooler in a vehicle is about preventing damage and injury, which is covered in our securing guide. Our mounts and tie-downs are meant for that, not for encouraging anyone to drink on the road.
Pack the camping cooler checklist, bring plenty of non-alcoholic drinks and water, and have a plan for getting everyone home safely. This overview is general information only. For specific legal questions, consult the statute for your state or a licensed attorney.
In many places sealed containers are treated differently from open ones, but laws differ. Check your state's rules, and know where containers must be stored.
No. A cooler in the passenger area is still in the passenger area, and an open container in it is generally still an open container.
It depends on state law. Many states prohibit it, and some exceptions apply to certain commercial or recreational vehicles.
No. This is a general overview. For your situation, check your state's statute or consult a licensed attorney.
Tell us which products you want and we will write when they are ready or when we have an update.