What are the open container laws in Tennessee?

Question

Accepted Answer

Tennessee is one of a handful of states that limits its open container law to the driver only — passengers may legally drink in a private vehicle.

1. Statutory Rule — T.C.A. § 55-10-416(a)

No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state.

2. Driver-Only Liability

Unlike most states, Tennessee's statute is written narrowly to apply only to the driver. A passenger in a private vehicle may possess and consume from an open container without violating § 55-10-416. This is a deliberate legislative choice; Tennessee did not adopt full TEA-21 conformance and accepts the federal funding penalty (federal-aid highway funds redirected to safety programs).

3. Penalty

Class C misdemeanor — fine up to $50, no jail typically.

With court costs, total runs $200–$400.

Not reported as a moving violation but stays on criminal record.

4. Definitions

"Open container" = receptacle containing alcoholic beverage or beer with a broken seal or contents partially removed.

"Passenger area" not statutorily limited — the prohibition is on the driver's act of consumption/possession.

5. Exemptions — § 55-10-416(b)

Driver of a bus, taxicab, limousine, or other for-hire vehicle.

Driver of a horse-drawn carriage (notable Tennessee quirk — Nashville's downtown carriage tours).

Living quarters of a motorhome.

6. Public Consumption — Entertainment Districts

Beale Street (Memphis): T.C.A. § 57-4-203(d) authorizes open-container consumption in plastic cups within the designated district during operating hours.

Lower Broadway (Nashville): Some open container is tolerated; technically governed by Metro Nashville Code, with open consumption from to-go cups permitted in defined entertainment zones.

Gatlinburg and Pigeon Forge: limited open carriage allowed under city ordinance during sanctioned festivals.

7. Driver Hired-Vehicle Quirk

A party-bus driver may not consume; passengers may. A limo passenger may legally pour drinks from a private stock.

This is legal information, not legal advice.