What are the open container laws in Alabama?

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Alabama's open container statute is among the most lenient in the country in terms of penalty — a flat $25 — but the prohibition itself is broad.

1. Statutory Rule — Ala. Code § 32-5A-330

(a): It is unlawful for a person to have in his possession alcoholic beverages in the passenger area of any motor vehicle while such vehicle is upon a public highway or right-of-way of a public highway of this state.

2. Penalty

Fine of $25 for each violation under § 32-5A-330(d) — no jail.

Not a criminal record entry; treated more like a traffic infraction.

Court costs may bring total to $100–$200.

3. Definitions

"Open alcoholic beverage container" = bottle, can, or other receptacle that contains any amount of alcoholic beverage and is open, has a broken seal, or the contents have been partially removed.

"Passenger area" = the area designed to seat the driver and passengers and any area readily accessible to seated occupants. Excludes the trunk and area behind the rearmost upright seat in a vehicle without a trunk.

4. Driver and Passenger Both Liable

The statute targets "a person" — anyone in possession.

5. Exemptions

Trunk or area behind rearmost upright seat.

Passenger in a bus, taxicab, or limousine for hire.

Living quarters of a motorhome or self-contained camper.

6. Public Consumption

Alabama is generally restrictive about public consumption.

Many counties remain "dry" or partially dry — alcohol sales restricted entirely or to specific days/hours under local option (Ala. Code § 28-2-21 et seq.).

Mobile: Mardi Gras parades permit open container along parade routes via city authorization.

Gulf Shores / Orange Beach: beach alcohol consumption regulated by city ordinance — generally banned during spring break.

Birmingham has an Entertainment District (Code § 7-1-44) where open consumption in approved cups is permitted within designated downtown blocks.

7. Tailgating

Bryant–Denny Stadium and Jordan–Hare Stadium permit open container in marked tailgate areas per team policy; vehicles on public roads to/from games remain subject to § 32-5A-330.

8. Common Carriers

Limos, party buses, and taxis with hired drivers are exempt for passenger consumption.

This is legal information, not legal advice.