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What are the open container laws in Colorado?

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

Colorado conforms to the federal open container standard; enforcement is via Class A traffic infraction rather than criminal misdemeanor.

1. Statutory Rule — C.R.S. § 42-4-1305

  • (2)(a): A person while in the passenger area of a motor vehicle that is on a public highway of this state or the right-of-way of a public highway of this state shall not knowingly drink an alcohol beverage.
  • (2)(b): A person while in the passenger area of a motor vehicle that is on a public highway of this state or the right-of-way of a public highway of this state shall not knowingly have in his or her possession any open alcoholic beverage container.

    • 2. Penalty

  • Class A traffic infraction — fine up to $50, plus state surcharges and court costs.
  • Total typically $150–$250.
  • No license points. Not a criminal conviction.

    • 3. Definitions

  • "Passenger area" = area designed to seat the driver and passengers, plus any area readily accessible from the seating area. Excludes the trunk, glove compartment (if locked), and area behind the last upright seat in a vehicle without a trunk.
  • "Open container" = standard definition — broken seal or partially consumed.

    • 4. Driver and Passenger Both Liable

    The statute applies to "a person" — operator or passenger.

    5. Exemptions — § 42-4-1305(2)(c)

  • Living quarters of a motorhome or mobile home.
  • Passenger of a bus, taxicab, or limousine for hire.
  • Trunk, locked glove compartment, or area behind last upright seat.

    • 6. Marijuana Open Container — § 42-4-1305.5

    Colorado separately prohibits an open marijuana container in the passenger area, with the same penalty structure. "Open" = seal broken or evidence of consumption. The trunk exception applies.

    7. Public Consumption

  • Statewide rule does not bar public drinking, but Denver (Mun. Code § 38-69), Boulder, Colorado Springs, Aspen, and most cities prohibit it.
  • Denver Common Consumption Areas (authorized under C.R.S. § 44-3-301(11)): the city has designated certain entertainment areas (e.g., near Larimer Square events) for open carriage during permitted events.

    • 8. Tailgating

    Mile High Stadium and Coors Field tailgate lots: open containers permitted inside lots per team/venue policy, but vehicles on public roads remain subject to § 42-4-1305.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Open container charged alongside a DUI/DWAI
    • Minor in possession added to an open container citation
    • CDL holder with open container affecting commercial license
    Related Statutes & Laws
    • Colo. Rev. Stat. § 42-4-1305
    • Colo. Rev. Stat. § 42-4-1305.5
    • Colo. Rev. Stat. § 44-3-301

    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.