The laws around drinking in a car differ greatly from area to area and also based on factors, as it’s not as simple as just saying can passengers drink alcohol in a car. However, while DUI laws target drivers, passengers in a car are less permitted to drink, especially in public spaces, or while on public roads. This can help you determine the rules and exceptions if you want to usually stay out of trouble and not get a big fine.

Is It Legal for Passengers to Drink Alcohol in a Car?
Most states have laws against passengers drinking in car, as long as it is on a public road or highway. Under these laws, any open alcoholic container (e.g. bottle, can, glass, cup, etc.) with a broken seal applies, whether the person is in the driver’s or passenger seat consuming the drink. But there are exceptions, for like private roads or once in a while kind of vehicles like limousines or party buses.
Can a passenger drink in a car? If you’re on public property the answer, most often, is no. However, many states permit passengers to drink in their vehicles reserved only for their private hire, such as limos or RVs, as long as the driver remains sober.

Drinking in a Limo or Hired Vehicle
Can you drink in a limo? Indeed, it is perfectly lawful in most states to drink alcohol while seated in a limousine or while in party buses or similar hired vehicles. These vehicles are normally allowed to carry an open container so long as, for instance, the car has a separate area for the chauffeur, as well as a valid hire license.

Is It Illegal to Drink in a Parked Car?
It’s considered unlawful to drink and drive but whether it is lawful or allowed to consume alcohol in a parked car varies from state to state. Namely, the law can look at a car parked on a public road or in a parking lot and regard it as a vehicle in operation.
If you are parked at a private property for instance a driveway, then the consumption of alcohol is normally permitted. Nevertheless, the driver should not drive with an open container because of possible DUI suspicion even when the car is not moving.
What States Can You Drink and Drive?
Drinking while driving serves as a breach of the law everywhere in America; however certain states have laws regarding open containers.
Mississippi:
Passengers are able to drink alcohol in a moving vehicle in the presence of a driver who is not under the influence of or being impaired by alcohol.
Louisiana and Arkansas:
Have less strict regulations regarding open containers in cases of some sort.
While this is the case, even in those states, passengers drinking in cars must meet additional laws and drivers must never drive with more than the legal blood alcohol limit.
Risks of Passengers Drinking in a Car
Is it legal for a passenger to drink alcohol in a car is a legal question, but it’s also a question of safety. Accidents can increase with drunk passengers who are distracting, loud, or even physically disruptive. If they make messes or become sick, it can be uncomfortable for everyone.

Conclusion: Can Passengers Drink Alcohol in a Car
Although taking a drink as a passenger may not appear as a problem, local laws against open containers forbid passengers from holding or consuming alcohol in a car. When it comes down to it, it remains the driver’s duty to confirm compliance of their automobile with state laws.
So the next time someone asks, Can passengers drink alcohol in a car? or wonders if it’s illegal to drink in a parked car, remember: while technically you still can do something, it doesn’t necessarily mean that you should or that it is even safe to do.
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FAQs: Can Passengers Drink Alcohol in a Car?
Can passengers drink alcohol in a car?
Most states have open container laws that prohibit passengers in vehicles on a highway for automobiles to drink alcohol. Some instances are permitted if the car is hired for instance a limousine or an RV or any other car that is hired for hire and the driver is fully sober.
Is it legal to drink in a limo?
However, it is legal for passengers to consume alcohol in a hired car such as limousine, party bus and others in most states. These vehicles are often allowed not to conform to open container regulation as long as they have some specific characteristics such as containing a partition with the driver’s seat.
Is it illegal to drink in a parked car?
It depends on the location. Consuming alcohol within a vehicle whether or not it is parked in a public place such as the street or a car park is unlawful in some states. However, it is permitted if the car is parked in a private parking lot, for example a driveway.
Are passengers drinking in cars a safety risk?
It’s true–drunk people can be very distracting, disruptive, and capable of causing accidents. They could also make a mess of things or get sick, and the whole journey becomes unpleasant for everybody.
What should drivers do if passengers want to drink alcohol in the car?
Drivers should just make sure their passengers follow required laws regarding open containers. They must remain alert and sober if drinking is allowed (in a Delta limo for example).