Open Container Laws in Maryland: What Drivers and Passengers Need to Know

Open container laws in Maryland relate to alcoholic beverage consumption in public spaces and vehicles. A beer bottle, can, or other vessel that contains alcohol cannot be taken into public or into a vehicle with its seal broken or the alcoholic contents consumed. 

A Maryland open container defense lawyer understands the consequences of being convicted of violating the state’s open container law. Despite this charge being a misdemeanor, it still shows up in a person’s criminal history. Avoiding this outcome means having a well-thought-out plan and defense. 

Is it illegal to consume alcohol in a vehicle as a passenger?

Most people are aware that it is illegal in Maryland to consume alcohol while behind the wheel of a motor vehicle. However, what is less clear is whether the passenger in a motor vehicle can consume alcohol in a motor vehicle. 

The open container law of Maryland puts any doubts about this subject to rest. The law in Maryland makes it illegal for any person in a motor vehicle to possess an open container of alcohol. Neither drivers nor their passengers may consume any amount of alcohol while within a vehicle. 

Are there any exceptions to the open container law?

There are limited exceptions to the Maryland open container law. It is crucial that a driver and any passenger abide by these exceptions perfectly or risk being arrested and charged with violating the state’s open container law. 

First, in a private vehicle, alcohol may be kept in a location within the vehicle that neither the driver nor passengers have immediate access to. That could be the trunk or a cooler in the front passenger seat, beneath luggage or other items. Again, the main thrust of the exception revolves around no person in the vehicle having immediate access to the container of alcohol.

Finally, a passenger in a limousine or paid-for vehicle may consume alcohol and have an open container within the vehicle. The operator of the motor vehicle is “on the clock,” and the passengers are not in a position where they will be called upon to drive. Hence, alcohol can be consumed while the vehicle is in motion. 

What situations most commonly lead to problems regarding open container laws?

Many violations of Maryland’s open container laws are done without the intent to break the law. First, absent-minded people may leave a glass or container of open alcohol in the vehicle after exiting. Without realizing it, the bottle of beer is left in a cup holder. 

The next thing a person knows, an officer taps at their window with questions about why there is an open container in their backseat. The driver may be completely unaware that the open container was even in the back. This type of scenario plays out from time to time after sporting events and concerts where alcohol is frequently consumed. 

As we have discussed earlier, passengers consuming alcohol can trigger the Maryland laws against having open containers in vehicles. A driver should always check to ensure no passenger has an open container of alcohol before beginning even a short car trip.

Contact a Maryland open container defense lawyer with any questions you haveCynthia Christiani is a Maryland open container defense lawyer who puts the interests of clients first. She understands the challenges of a Maryland open container case. Talk with Attorney Christiani today about any questions you have regarding a potential Maryland open container charge.