What are the open container laws in Pennsylvania?

Question

Accepted Answer

Pennsylvania's open container law is a summary offense — the lowest level of criminal offense in the Commonwealth — but it still produces a criminal record entry.

1. Statutory Rule — 75 Pa.C.S. § 3809

No person shall be in physical possession of an open alcoholic beverage container in the passenger area of a motor vehicle.

Applies whether the vehicle is moving, stopped, or parked on a highway.

2. Definitions

"Open" = any container with a broken seal or contents partially removed.

"Passenger area" = area designed to seat the driver and passengers, plus any unlocked container readily accessible.

Excluded: trunk, area behind the last upright seat, locked glove compartment.

3. Penalty

Summary offense — base fine $25, but with court costs and EMS/judicial computer fees, the total typically runs $100–$300. No jail. Stays on record unless expunged after compliance (Pa.C.S. § 9122).

4. Exemptions

Passengers in a bus, taxicab, or limousine.

Living quarters of a motorhome.

Sealed containers being transported.

5. Driver and Passenger Both Liable

Either can be cited for possession in the passenger area. A driver can be liable even if not the one drinking.

6. Public Consumption

Philadelphia (Phila. Code § 10-604): public consumption banned, $300 fine.

Pittsburgh (Pgh. Code § 601.10): public drinking prohibited.

State allows local "Social Districts" via Liquor Code amendments; communities like Reading and Lancaster have approved limited designated entertainment zones for open drinking with cups marked from licensed premises.

7. Tailgating Note

PennDOT and PSP consider stadium parking lots "highways" for § 3809 purposes when the lot is publicly accessible. Eagles, Steelers, and Penn State tailgaters can be cited for open containers in vehicles.

This is legal information, not legal advice.