With the rise of non-alcoholic beers like Athletic Brewing’s Run Wild IPA, more Maryland drivers are wondering: Can you legally drive with a non-alcoholic beer in your car—or even drink one while behind the wheel?
It’s a good question, especially since these beverages look a lot like traditional beer. But does Maryland law treat them the same way? Here’s what you need to know before cracking one open on the road.
What Maryland’s Open Container Law Says
Maryland’s open container law is designed to stop people from drinking alcohol—or even having open containers of it—in the passenger area of a car. Specifically, the law makes it illegal for the driver or a passenger to have an open container of an alcoholic beverage in the vehicle while it’s on a public road.
The law also defines what counts as an alcoholic beverage. In Maryland, that means any drink that contains 0.5% or more alcohol by volume. Anything below that threshold is not legally considered an alcoholic beverage under state law.
This is where non-alcoholic beers get interesting.
Non-Alcoholic Beer and Alcohol Content
Most non-alcoholic beers—including those from popular brands like Athletic Brewing, Heineken 0.0, Budweiser Zero, and Lagunitas IPNA—contain less than 0.5% alcohol by volume (ABV). These beers are brewed similarly to regular beer but are processed to remove or reduce the alcohol content. The result is a beverage that tastes like beer, looks like beer, but doesn’t legally qualify as beer when it comes to Maryland’s alcohol laws.
Because they fall below the 0.5% ABV threshold, non-alcoholic beers do not meet Maryland’s legal definition of an alcoholic beverage. That means the open container law doesn’t apply to them.
So, Can You Drive with a Non-Alcoholic Beer?
Yes. From a legal standpoint, you can have a non-alcoholic beer in the car in Maryland—even in the cupholder next to you or in your hand while you drive.
Since these beverages are not classified as “alcoholic,” the restrictions that normally apply to open containers in a vehicle do not apply to them. There’s no violation of Maryland Transportation Code §21-903 if you have an open can of Heineken 0.0, Bud Zero, or an Athletic Brewing IPA in your vehicle.
But Use Common Sense
While the law may be on your side, perception still matters. Many non-alcoholic beers are packaged to look exactly like traditional alcoholic beverages. The average police officer driving past you won’t be able to tell the difference at a glance—and may stop you just to check.
That’s not to say you’ll be arrested or charged with anything, but it could lead to an unnecessary and frustrating interaction with law enforcement.
Practical Tips to Stay Out of Trouble
To avoid confusion while still enjoying your favorite NA brew, here are a few simple best practices:
- Keep it in the backseat or trunk if it’s already opened.
- Drink it before or after your drive, rather than during.
- Keep the can or bottle in its packaging—a six-pack of Budweiser Zero is a lot less suspicious than a loose can in your cupholder.
- Be prepared to explain—if you do get pulled over, it helps to know your rights and be able to show that your drink is alcohol-free.
Is There Any Risk?
If the beverage truly has less than 0.5% ABV, there’s no violation of the open container law. However, not all products labeled “non-alcoholic” are below that threshold. Always check the label. Some specialty brews might sneak above the legal limit and could land you in hot water if opened in a vehicle.
And while it’s legal to possess or consume non-alcoholic beer while driving, it’s still not a great idea to hand one to a teenager, leave one on your dashboard at a school zone, or try to argue your way through a field sobriety test while holding one.
Final Thoughts
Driving with a non-alcoholic beer in Maryland is legal—so long as the beverage contains less than 0.5% alcohol by volume. Popular choices like Athletic Brewing, Heineken 0.0, Budweiser Zero, Lagunitas IPNA, and Partake Brewing are all typically well below that limit.
Still, a little caution goes a long way. Even if it’s technically legal, the optics of drinking something that looks like beer behind the wheel can raise eyebrows and lead to unnecessary police interaction.
If you’ve been cited for an open container or charged with a traffic or alcohol-related offense in Maryland, it’s worth talking to a defense lawyer who knows the law and knows the local courts. At Southern Maryland Criminal Defense, we help everyday people protect their rights—and we’re here if you need us.
Schedule your consultation today at somdcriminaldefense.com.
