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What are the open container laws in California?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

California complies with the federal TEA-21 open-container conformance mandate (23 U.S.C. § 154), so its prohibition is broad and applies to both drivers and passengers.

1. Vehicle Open Container Rule

  • Veh. Code § 23222(a): No driver may have an open container of alcohol while driving on a highway.
  • Veh. Code § 23223: Same rule for passengers — possession of an opened container is prohibited.
  • Veh. Code § 23225: Owner may not keep an opened container inside the passenger compartment.
  • Trunk exception under § 23226: containers in the trunk, or behind the rearmost upright seat in vehicles without a trunk (SUVs, hatchbacks), are permitted.

    • 2. Penalties

    First-offense infraction, base fine ~$250 with penalty assessments often pushing total cost above $400. No jail time for adults; minors face stiffer penalties under § 23224 (1-year license suspension possible).

    3. Common Carrier Exception

    Limousines, party buses with chauffeur endorsement, taxis, buses, and motorhomes (living quarters only) are exempt under § 23229. Passengers in a hired chauffeur-driven limo may legally consume.

    4. Public Consumption

    California has no statewide public-consumption ban. Cities like Los Angeles (LAMC 41.27), San Francisco (Park Code), and most beaches prohibit it. Designated entertainment zones do not exist statewide — local ABC-approved districts may permit open containers (e.g., parts of Sacramento R Street, certain Bay Area block-party permits).

    5. Driver Liability

    Drivers can be charged even if a passenger is the one drinking; possession of the opened container by anyone in the passenger compartment can land on the driver.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Open container charged alongside a DUI
    • Minor in possession added to an open container citation
    • CDL holder with open container affecting commercial license
    Related Statutes & Laws
    • Cal. Veh. Code § 23222
    • Cal. Veh. Code § 23223
    • Cal. Veh. Code § 23225
    • Cal. Veh. Code § 23226
    • Cal. Veh. Code § 23229
    • 23 U.S.C. § 154

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.