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What are the open container laws in North Carolina?

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

North Carolina splits its open container framework between Chapter 20 (motor vehicle laws) and Chapter 18B (alcoholic beverage control).

1. Statutory Rules

  • N.C.G.S. § 20-138.7(a): No person shall consume malt beverages, unfortified wine, fortified wine, spirituous liquor, or mixed beverages in the passenger area of a motor vehicle while in motion on a highway.
  • N.C.G.S. § 20-138.7(a1): No driver may have in passenger area an open container of malt beverage or unfortified wine after consuming alcohol.
  • N.C.G.S. § 18B-401: Generally prohibits the possession of opened containers of fortified wine or spirituous liquor in the passenger area of a vehicle on a highway.

    • 2. Definitions

  • "Open container" = container whose seal has been broken or contents partially removed.
  • "Passenger area" = seating area, readily accessible storage, glove box (unlocked), but NOT trunk or area behind last upright seat.

    • 3. Penalties

  • Driver consuming or possessing while in motion: Class 3 misdemeanor, fine up to $200, no jail typically. Reported to DMV; counts toward driving record.
  • Passenger possession: infraction, $25 fine plus costs.
  • If the offense is part of an implied-consent context (after a DWI stop), enhancements may apply under § 20-179 sentencing.

    • 4. Exemptions

  • Sealed container in trunk or behind last upright seat is permitted.
  • Passengers in a limousine, taxi, or chartered vehicle with hired driver.
  • Living quarters of a motorhome.

    • 5. Driver Liability for Passenger Drinking

    The driver can be charged under § 20-138.7(a) if a passenger is consuming and the driver knows. The statute focuses on the act of consumption "while the vehicle is in motion."

    6. Public Consumption

    N.C.G.S. § 18B-300 prohibits public consumption of fortified wine/spirits; municipalities can ban malt beverage consumption. Asheville, Wilmington, and Greensboro have local entertainment zones via "Social Districts" (S.L. 2021-150) allowing open consumption in designated cups.

    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
    • N.C.G.S. § 20-138.7
    • N.C.G.S. § 18B-401
    • N.C.G.S. § 18B-300
    • N.C.G.S. § 20-179

    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.