What Is the Open Container Law in New Jersey?

What Counts as an Open Container in New Jersey?

The statute defines an open or unsealed container in two ways. The first is any alcoholic beverage container whose original seal has been broken. The second is any container or package that is not the original one, such as a glass, cup, box, bag or wrapping. A half-finished bottle of wine with the cork pushed back in still counts, because the original seal is broken. So does a cup of beer from a bar or a cocktail poured into a travel mug.

It does not matter whether anyone was drinking. The violation is having the open container in the vehicle. Since the cannabis law changes of 2021, the same statute also covers an unsealed cannabis item meant to be smoked, vaped or aerosolized.

Where in the Car Can You Keep an Open Bottle?

The law says you are not considered to possess an open container if it is kept in one of these places:

• The trunk.
• Behind the last upright seat, if the vehicle has no trunk, such as an SUV, hatchback or minivan.
• The living quarters of a motor home or house trailer.

Notice what is missing from that list. The statute does not name the glove compartment, locked or not, or the center console. If you are taking home an opened bottle of wine from a restaurant, put it in the trunk or the rear cargo area before you drive.

Exceptions: Limousines and Charter Buses

The open container ban does not apply to alcohol possessed by a passenger in a charter or special bus, as defined in N.J.S.A. 48:4-1, or by a passenger of a limousine service. The drinking ban in 39:4-51a has the same exception for those passengers. The exception does not cover the driver, and it does not extend to cannabis. The statute does not list taxis or rideshare cars, so do not assume they are covered.

How Much Is an Open Container Ticket in New Jersey?

For a first offense, the court must impose a $200 fine and tell you about the penalties for a repeat violation. For a second or later offense, the court imposes either a $250 fine or 10 days of community service, as it deems appropriate. Court costs are added on top of the fine. The ticket is heard in the municipal court where you were stopped. To see how those cases move from first appearance to resolution, read how cases work in New Jersey municipal court.

Does an Open Container Ticket Carry Points in NJ?

No. The MVC point schedule in N.J.A.C. 13:19-10.1 lists every New Jersey violation that carries points, and neither N.J.S.A. 39:4-51a nor 39:4-51b is on it. An open container conviction adds zero points to your license.

Many people search this while answering a practice test question about an open alcohol container in the cab of your vehicle while you are intoxicated, with answer choices such as 3 points or 4 points. We could not find that question in any official MVC publication. Under the actual point schedule, the answer for New Jersey is zero. The DWI statute, N.J.S.A. 39:4-50, is not on the point schedule either. A DWI is punished instead by license loss, fines, an ignition interlock and an MVC insurance surcharge of $1,000 a year for three years.

Can a Passenger Drink Alcohol in a Car in NJ?

No, not in an ordinary passenger car. N.J.S.A. 39:4-51a says a driver may not drink an alcoholic beverage while operating a vehicle, and a passenger may not drink one while the vehicle is being operated. A passenger holding an open beer can also be charged under 39:4-51b, even if the driver is completely sober.

The drinking statute also contains a presumption. If an unsealed container with partly consumed contents is in the passenger compartment, and the appearance or conduct of the driver or a passenger may be associated with drinking, the law presumes that person was drinking in violation of the statute. The penalties match the open container law: $200 for a first offense, and $250 or 10 days of community service after that. The limousine and charter bus exception applies here too.

Is It Illegal to Have Alcohol in the Car at All?

No, for drivers and passengers 21 and older. Sealed bottles straight from the store are legal anywhere in the vehicle. The law targets containers that are open or not in their original packaging. Things change when the person is under 21 or the driver has been drinking, as explained below.

Open Container and DWI

An open container ticket is often written alongside a DWI charge under N.J.S.A. 39:4-50. They are separate offenses with separate penalties. The open container itself does not prove intoxication, but prosecutors use it as evidence that the driver was drinking in the car. It also helps explain an odor of alcohol that may have come from a spilled drink or a passenger.

A DWI case does not require the car to be moving. In State v. Thompson, 462 N.J. Super. 370 (App. Div. 2020), the Appellate Division held that an intoxicated person asleep behind the wheel of a parked car with the engine running was operating it under the DWI statute. Sitting in a running car with an open drink can therefore lead to both charges. If you are facing both, see our New Jersey DWI defense page and the DWI penalties chart. Our overview of motor vehicle charges involving alcohol covers other tickets that often come with them.

Open Container and Underage Drinkers

For someone under 21, alcohol in a car raises a separate issue. N.J.S.A. 2C:33-15 covers a person under the legal age who knowingly possesses or consumes alcohol or cannabis in a motor vehicle, among other places. Since the 2021 reforms, that statute uses written warnings, parental notice for minors, and referrals to community services, not fines. Officers must take the alcohol, and the law generally bars arresting someone for this alone.

That does not protect an underage driver who has been drinking. A driver under 21 with a blood alcohol concentration of 0.01% or more can be charged under New Jersey’s underage drinking and driving law, and the open container ticket still applies. See underage DWI in New Jersey.

Is There an Open Container Law for Walking in NJ?

The open container statute applies only to vehicles. New Jersey law does not have one statewide ban on an adult walking down the street with an open drink. Instead, many municipalities ban drinking or carrying open containers on streets, sidewalks and parks by local ordinance. The rules and fines differ from town to town.

State law caps ordinance penalties at up to 90 days in jail, a fine of up to $2,000 and up to 90 days of community service, in any combination (N.J.S.A. 40:49-5). Individual towns usually set lower fines. An ordinance violation is not a criminal offense, but it is still a court matter. Learn the difference in municipal ordinance vs. criminal offense.

Frequently Asked Questions

Talk to a New Jersey Lawyer About an Open Container Ticket