What are the open container laws in Minnesota?

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Minnesota classifies vehicle open container as a misdemeanor — more serious than many states — though jail is almost never imposed.

1. Statutory Rule — Minn. Stat. § 169A.35

(2): It is a crime for a person to have in possession, while in a private motor vehicle upon a street or highway, any bottle or receptacle containing an alcoholic beverage or 3.2 percent malt liquor that has been opened, the seal of which has been broken, or the contents of which have been partially removed.

(3): Same prohibition applies to consumption while in a private motor vehicle.

2. Penalty

Misdemeanor — up to 90 days jail, fine up to $1,000.

Practically: most first-offense convictions result in a fine of $100–$300 with no jail.

Stays on criminal record; expungement available under Minn. Stat. § 609A.02.

3. Definitions

"Private motor vehicle" — excludes hired vehicles for the passenger exemption.

"Passenger area" excludes the trunk and the area behind the rearmost upright seat in a vehicle without a trunk.

4. Driver and Passenger Both Liable

Possession by any occupant in the passenger area is a violation.

5. Exemptions — § 169A.35(4)

Living quarters of a motorhome.

Trunk or area behind the rearmost upright seat.

Passengers in a bus, taxicab, limousine, or other vehicle for hire — § 169A.35(5).

6. DWI Pairing

Routinely added to DWI cases under Minn. Stat. § 169A.20 to bolster evidence of recent consumption.

7. Public Consumption

Minnesota has no statewide public drinking ban — it is largely municipal.

Minneapolis (Code § 366.10) and St. Paul (Code § 372.01): public consumption prohibited; fine $100–$300.

Minnesota's 2022 omnibus liquor bill created authority for cities to designate "refreshment districts" for outdoor consumption during permitted special events; St. Paul's Lowertown and parts of Stillwater have piloted such districts.

8. Lake Country

Minnesota's distinctive lakefront culture: open containers on private boats are generally legal but open containers on public lake-shore roads remain § 169A.35 violations. Houseboats are treated like motorhomes — living quarters exempt.

This is legal information, not legal advice.