What are the open container laws in Wisconsin?

Question

Accepted Answer

Wisconsin — culturally permissive about alcohol — nonetheless enforces a TEA-21 conforming open container statute in vehicles. Public consumption is largely a local matter.

1. Statutory Rule — Wis. Stat. § 346.935

(1): No person may drink alcohol beverages or inhale nitrous oxide in a motor vehicle when the vehicle is on a highway.

(2): No person may possess on his or her person, in a privately owned motor vehicle on a public highway, any bottle or receptacle containing alcohol beverages if the bottle or receptacle has been opened, the seal has been broken, or the contents of the bottle or receptacle have been partially removed.

2. Penalty

Civil forfeiture — fine $200 to $500 plus court costs.

Not a criminal conviction.

Reported to DOT but typically no demerit points unless paired with OWI.

3. Definitions

"Passenger area" excludes the trunk, area behind the rearmost upright seat in a vehicle without a trunk, and the living quarters of a motorhome.

Possession in unlocked glove box counts as passenger-area possession.

4. Driver and Passenger Both Liable

The statute targets "any person" in the vehicle.

5. Exemptions

Passenger of a chauffeured limousine, taxi, or bus.

Living quarters of a motorhome.

Sealed container.

6. Public Consumption

Wisconsin has no statewide public drinking ban.

Most municipalities allow open consumption in private bars/restaurants and licensed outdoor areas; many smaller towns permit open consumption on sidewalks during festivals (e.g., Summerfest, Oktoberfest in La Crosse).

Milwaukee (Code § 106-1.5): permits open consumption in many circumstances; specific bans cover parks and certain plazas.

Premise extensions (sidewalk cafe permits) under Wis. Stat. § 125.51 are widely granted.

7. Underage

Wisconsin permits minors ages 18–20 to consume alcohol in licensed establishments with a parent or legal guardian present — a notable carve-out under Wis. Stat. § 125.07(1)(a)3. This does NOT apply to vehicle open container; § 346.935 contains no underage parental-presence exception.

This is legal information, not legal advice.