What are the open container laws in New Jersey?

New Jersey's open container law applies on every public highway and is enforced through Title 39 motor vehicle penalties.

1. Statutory Rule — N.J.S.A. 39:4-51a/b

39:4-51a: No operator shall have in their possession or in the passenger compartment of a vehicle any open alcoholic beverage container while the vehicle is in operation or parked on a public highway.

39:4-51b: Same prohibition for passengers.

2. Definitions

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

"Passenger compartment" excludes the trunk and area behind the last upright seat of vehicles without a trunk.

3. Penalties

First offense: $200 fine.

Subsequent offenses: $250 fine and 10 days of community service.

No license points for the open container charge alone, but municipal court will add surcharges and court costs ($33–$50 typical).

Not a criminal conviction — Title 39 violations are quasi-criminal traffic offenses.

4. Exceptions

Passenger in a limousine, charter bus, or taxicab with a hired driver.

Living quarters of a motorhome.

Trunk / behind rearmost upright seat.

5. Driver and Passenger Both Liable

Each person in the passenger compartment with an open container can be cited individually.

6. Public Consumption

N.J.S.A. 2C:33-15 prohibits underage possession/consumption; adult public drinking is governed by local ordinances. Almost every Jersey Shore town (Asbury Park, Belmar, Wildwood, Atlantic City beach) bans public consumption with fines up to $500. Atlantic City has limited open-container exceptions on the Boardwalk and within the casino footprint.

7. Beach Towns and Boardwalks

Many shore municipalities make explicit alcohol consumption ordinances applicable to boardwalks, beaches, and parking lots. Tailgating at MetLife Stadium is permitted in marked lots but open containers in vehicles parked on public streets violate 39:4-51b.

This is legal information, not legal advice.