What are the open container laws in Georgia?

Georgia's open container statute imposes misdemeanor liability and is frequently filed in tandem with DUI charges.

1. Statutory Rule — O.C.G.A. § 40-6-253

(b)(1): No person shall consume any alcoholic beverage or possess an open alcoholic beverage container in the passenger area of any motor vehicle which is on the roadway or shoulder of any public highway.

2. Definitions

"Open container" = any bottle, can, or other receptacle that has been opened, has a broken seal, or has contents partially removed.

"Passenger area" = the area designed to seat the driver and passengers and any area readily accessible. Excludes trunk, area behind the last upright seat in a vehicle without a trunk, and the living quarters of a motorhome.

3. Penalty

Misdemeanor — fine up to $200 under § 40-6-253(c); no jail typically imposed. Conviction reported to GA DDS; 2 points if the driver is the offender.

4. DUI Pairing

Prosecutors routinely add an open container charge to DUI cases for two reasons:

It bolsters circumstantial proof of alcohol consumption immediately before/during driving.

It survives a Miller-style suppression of breath/blood test results — even if the BAC is excluded, the open container provides independent evidence supporting the totality of impairment.

5. Exemptions

Passengers of buses, taxicabs, limousines, or other vehicles for which a driver is hired.

Living quarters of a motorhome.

Trunk or area behind rearmost upright seat.

6. Public Consumption

Statewide public consumption is generally banned, but Georgia House Bill 879 (2020) authorizes "to-go cocktails" from licensed restaurants in sealed containers. Designated entertainment districts in Savannah (Historic District), Roswell (Canton Street), and parts of Atlanta (Centennial Yards events) allow open consumption in marked cups.

7. Driver and Passenger Both Liable

Both can be cited; § 40-6-253 does not differentiate.

This is legal information, not legal advice.