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What are the open container laws in Washington?

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

Washington's open container law applies on highways and is enforced as a traffic infraction; public consumption is separately criminalized under Title 66.

1. Vehicle Rule — RCW 46.61.519

  • (1): No person shall drink any intoxicating liquor or consume any cannabis in a motor vehicle when the vehicle is upon a highway.
  • (2): No person shall keep liquor in a motor vehicle when the vehicle is upon a highway, unless the liquor is in the original container with the seal unbroken, or in the trunk or other area of the vehicle not normally occupied by the driver or passengers.

    • 2. Penalty

    Traffic infraction — penalty schedule fine ~$145 (set by Washington Court IRLJ Schedule of Monetary Penalties). No jail. Not a criminal record; will appear on driving abstract.

    3. Definitions

  • "Passenger area" = area readily accessible to the driver or any passenger in their seat. Glove box (locked or unlocked) is treated as inaccessible only if locked.
  • "Trunk" is the safe harbor. SUV/hatchback drivers should store opened alcohol behind the rearmost upright seat or in a locked container.

    • 4. Driver vs Passenger

    RCW 46.61.519 applies to "any person" in the vehicle. Both driver and passenger can be cited.

    5. Common Carrier Exemption

    RCW 46.61.519(3): The prohibition does not apply to passengers in buses, taxicabs, for-hire vehicles, or limousines. Drivers of those vehicles still may not consume.

    6. Public Consumption — RCW 66.44.100

  • It is unlawful to open and consume any liquor in any public place not licensed for that purpose.
  • Misdemeanor — up to 90 days jail, $1,000 fine. Practically prosecutors charge it as an infraction or city-ordinance equivalent.

    • 7. Cannabis

    The 2022 amendment to RCW 46.61.519 added cannabis to the vehicle prohibition — open cannabis containers in the passenger area are now equally barred.

    8. No Statewide Entertainment Districts

    Washington has not adopted social-district legislation like Michigan or Ohio. Public consumption requires a specific liquor license endorsement (e.g., banquet permit, special event permit).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Open container charged alongside a DUI
    • Minor in possession added to an open container citation
    • CDL holder with open container affecting commercial license
    Related Statutes & Laws
    • RCW 46.61.519
    • RCW 66.44.100
    • RCW 69.50.445

    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.