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What are the open container laws in Louisiana?

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

Louisiana has a distinctive open container culture — the state did not ban driver open containers until 2004 (the last state to do so), and the famous "go cup" tradition continues in much of New Orleans.

1. Statutory Rule — La. R.S. § 32:300

  • A. It is unlawful for the operator of a motor vehicle to possess an open alcoholic beverage container in the passenger area of a motor vehicle while the vehicle is on a public highway or the shoulder of a public highway.

    • 2. Operator-Only Liability

    Louisiana's statute applies only to the operator/driver. Passengers in a private vehicle may legally possess and consume open containers under state law. (Local ordinances may differ — e.g., Lafayette and Baton Rouge have stricter passenger-included rules.)

    3. Penalty

  • Fine up to $100 for a first offense.
  • Up to $250 fine for subsequent offenses.
  • Not a criminal record; classified as a violation.
  • Reported to OMV.

    • 4. Drive-Thru Daiquiris

  • Louisiana law permits the sale and purchase of frozen daiquiris through drive-thru windows.
  • A drive-thru daiquiri is considered "closed" so long as the straw has not been punched through the lid — the lid is the seal.
  • Drivers may legally have a daiquiri in the cupholder with a straw on the side as long as the lid remains intact.

    • 5. Definitions

  • "Open container" = receptacle with seal broken or contents partially removed.
  • "Passenger area" excludes the trunk and area behind the rearmost upright seat.

    • 6. Exemptions

  • Living quarters of a motorhome.
  • Trunk or behind rearmost upright seat.
  • Operator of a bus, taxicab, or limousine for hire while passengers consume.

    • 7. Public Consumption — French Quarter / Bourbon Street

  • Open consumption in plastic or paper "go cups" is permitted on Bourbon Street and throughout most of the French Quarter (New Orleans Mun. Code § 10-110).
  • Glass containers are prohibited on Bourbon Street.
  • Bars routinely transfer drinks from glass to go cups for departing patrons.
  • Other parishes vary widely — many follow stricter local rules.

    • 8. Common Carrier

    Limos, party buses, taxis, and rideshares (per LA PSC regulations) all permit passenger consumption.

    9. Mardi Gras

    Open consumption is broadly tolerated along parade routes throughout Louisiana during Mardi Gras season, subject to glass prohibitions in many parishes.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Open container charged alongside a DWI
    • Minor in possession added to an open container citation
    • CDL holder with open container affecting commercial license
    Related Statutes & Laws
    • La. R.S. § 32:300
    • La. R.S. § 14:98
    • New Orleans Mun. Code § 10-110

    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.