If you’ve ever wondered whether it’s legal to have an open beer in your car in Maryland—or what counts as an “open container”—you’re not alone. Maryland’s open container law is clear in some ways but surprisingly complex in others, especially when it comes to who’s drinking, where the alcohol is located, and what type of vehicle you’re in.
Below, we break down what the Maryland open container law says, the penalties for violating it, and how to defend against a charge.
What Is the Maryland Open Container Law?
Under Maryland Transportation Code § 21-903, it is illegal to possess an open container of alcohol in the passenger area of a motor vehicle on a public highway. This law applies regardless of whether the vehicle is in motion or parked on a public road.
Key terms to understand:
- Open container: Any bottle, can, or other receptacle that is open, has a broken seal, or from which some contents have been partially removed.
- Passenger area: The area where the driver and passengers sit, including unlocked glove compartments and center consoles.
Exceptions to the Open Container Law
Not all open containers are illegal under Maryland law. Exceptions include:
- Passengers in certain vehicles: If you’re a passenger in a bus, limousine, or motor home, the law doesn’t apply.
- Trunk storage: An open container is legal if it’s stored in the trunk or an area not normally occupied by passengers.
- Taxi or ride-share passengers: The law is not typically enforced against passengers in for-hire vehicles, though drivers may still be restricted.
What About Non-Alcoholic Beer?
Maryland’s open container law only applies to alcoholic beverages, so the question naturally arises: what about non-alcoholic beer?
Here’s where it gets tricky. Many “non-alcoholic” beers still contain up to 0.5% alcohol by volume (ABV)—which may still qualify as an alcoholic beverage under Maryland law. If you’re pulled over with an open NA beer in the cup holder, an officer may still issue a citation, especially if the label shows any alcohol content.
If you’re unsure about the legal status of NA beers and how they affect DUI or open container laws, be sure to check out our full article:
👉 Can You Drive With a Non-Alcoholic Beer in Maryland?
Penalties for Open Container Violations in Maryland
An open container violation is a civil offense, not a criminal one—for passengers. However, drivers may face more serious consequences, especially if they are suspected of drinking or impaired driving.
- For passengers: A $25 civil citation.
- For drivers: A misdemeanor if there’s evidence of consumption or impairment. This can carry up to 60 days in jail and a $500 fine under Transportation § 21–902.
If an open container is used as evidence of drunk driving, it can escalate into a DUI or DWI investigation, even if your BAC is under 0.08.
How Police Use Open Containers in DUI Investigations
Finding an open container gives law enforcement a reasonable suspicion to investigate further. It may lead to:
- Field sobriety tests
- Breathalyzer testing
- A vehicle search under the automobile exception to the Fourth Amendment
- Probable cause for a DUI arrest
If you’re facing charges tied to an open container, a Southern Maryland criminal lawyer can help suppress evidence obtained through an illegal search or improper procedure.
Defending Against an Open Container Charge in Maryland
Some common legal defenses include:
- The container was in a non-passenger area (e.g., trunk or locked glovebox)
- You were in a vehicle exempt from the law (e.g., limousine or RV)
- The container wasn’t “open” under the legal definition
- The stop or search was unconstitutional
An experienced criminal defense attorney will examine the facts to determine if your rights were violated or if the evidence is insufficient.
Contact a Southern Maryland Criminal Lawyer Today
Open container citations may seem minor, but they can quickly spiral into serious charges, especially if you’re also facing DUI allegations. If you’ve been cited or arrested in Charles, St. Mary’s, or Calvert County, don’t take chances.
Schedule a free consultation today with Southern Maryland Criminal Defense to protect your rights and fight back against unfair or unlawful charges.
