Most people think passengers can drink in the car. Nope. Wisconsin’s open container law applies to everyone in the vehicle, not just the driver. One open beer in the backseat can get both you and your friend ticketed.
Let’s break down exactly what counts as an open container in Wisconsin and what happens if you get caught. Trust me, the rules are stricter than most people realize.
What Is an Open Container in Wisconsin?
An open container is any bottle or receptacle with alcohol that has a broken seal. Even if the container is completely empty. Even if nobody’s drinking from it.
Here’s what counts as open. A beer bottle you opened but didn’t drink from is an open container. A bottle you drank from and then closed up is still open because it’s missing part of its contents. A wine bottle with the cork put back in after one glass? Open container.
Pretty straightforward.
The law also covers nitrous oxide containers, which is unique to Wisconsin. Most states only focus on alcohol, but Wisconsin added this extra layer.
Basic Open Container Laws
No Drinking Allowed
You cannot drink alcohol while in any motor vehicle on a highway. This applies to drivers and passengers. No exceptions for people in the backseat.
If you’re on a public road, drinking is off limits. Period.
No Possession in Reach
You cannot possess an open container of alcohol on your person in a privately owned vehicle. The key word here is “on your person” or within reach.
This means you can’t have it in your hand, in your lap, in the cup holder, or anywhere you could easily grab it. The glove compartment doesn’t count as safe storage either. Neither does the center console.
Wondering if this applies to you? If the driver can reach the container from their seat, it’s a violation.
Where You Can Keep Open Containers
Okay, this part is important.
Open containers are allowed in your trunk. If you don’t have a trunk, they must be in an area not normally occupied by the driver or passengers. Think the cargo area of an SUV behind the back seat.
The glove box and center console are specifically considered part of the passenger area. Don’t put opened containers there.
Here’s a real situation that happens all the time. You pick up takeout margaritas from a restaurant. The seal is broken when they hand it to you. That’s an open container the second it’s in your car. Put it in the trunk immediately, or you’re risking a ticket.
Who Gets Ticketed?
Both drivers and passengers can be cited for open containers. The law holds everyone accountable.
The driver can be ticketed even if they have no idea there’s an open container in the car. Your friend brings a flask and sits in the back? You can both get tickets.
The vehicle owner is also responsible. If you own the car but aren’t driving, you can still be held liable for allowing an open container.
Penalties and Consequences
An open container violation is a traffic violation in Wisconsin, not a criminal offense. That’s actually good news compared to some states.
The standard fine is up to $100 for a first offense. Not terrible, but not pocket change either.
Hold on, this part is important. If the driver is under 21, penalties can double or even quadruple. So that $100 fine can jump to $200 or $400 real quick.
You won’t face jail time for a basic open container violation. You also won’t get points on your license. But this changes if police suspect you’re driving while intoxicated. Then you’re looking at OWI charges on top of the open container ticket.
Special Rules for Commercial Drivers
If you operate a commercial motor vehicle, the penalties are harsher. Any open container violation gets punished under Wisconsin’s OWI statutes, which means steeper fines and potential license consequences.
This is basically a much bigger deal for CDL holders.
Exceptions to the Law
Buses and Limousines
Passengers in limousines and motor buses can have open containers. The vehicle must be operated by a licensed chauffeur, and it must have a passenger capacity of 16 or more people for buses.
So yes, you can drink in a party bus or hired limo. Just make sure there’s an actual chauffeur driving, not your buddy with a regular license.
Minors Have Zero Tolerance
If you’re under 21, you cannot possess any alcoholic beverage in a vehicle. Open or sealed. The only exception is if you work for a brewery or alcohol retailer and you’re transporting it as part of your job.
This means bringing home a six pack from the store as a 20 year old? Technically illegal in a vehicle, even if it’s sealed.
What About Boats?
Here’s where it gets interesting.
Open containers are completely legal on boats in Wisconsin. You can have a cooler full of beer right on deck. Passengers can drink freely.
But operating a boat while intoxicated is illegal. The BAC limit is 0.08, same as driving a car. First offense boating under the influence carries a fine of $150 to $300.
Don’t assume water means different rules for drinking and driving. The consequences are just as serious.
Walking with Open Containers
Generally illegal in Wisconsin unless you’re in a designated area. Many cities allow open containers during festivals and special events. These areas are clearly marked.
Summer festivals in Milwaukee, Madison, and other cities often have designated zones where walking with a beer is perfectly legal. Outside those zones? You can get cited.
Some municipalities have their own rules for parks and public spaces. Always check local ordinances.
How to Stay Legal
Put sealed containers anywhere in the car. Unopened bottles and cans can go in the backseat, trunk, wherever.
For opened containers, use the trunk every single time. No trunk? Put them in the cargo area behind the last row of seats where nobody sits.
If you’re picking up alcohol to go from a restaurant, ask them to seal it properly. Some places will tape the lid or put it in a sealed bag. That doesn’t make it legal in the passenger area, but it shows you’re trying to comply.
Never drink in a vehicle, even if you’re parked on the side of the road. If you’re on a public highway, the law applies.
Common Mistakes People Make
Thinking the glove box is safe storage. It’s not. The law specifically says utility compartments count as passenger areas.
Assuming only the driver gets in trouble. Passengers get tickets too.
Believing an empty container doesn’t count. If the seal was broken at any point, it’s still an open container under Wisconsin law.
Putting a lid back on and thinking you’re good. Once you’ve removed part of the contents, it’s legally open.
What to Do If You Get Pulled Over
If there’s an open container in the car, be honest with the officer. Lying makes everything worse.
You can accept the ticket and pay the fine, or you can contest it in court. For a $100 ticket, most people just pay it. But if you have a legitimate defense or the officer made a mistake, fighting it might make sense.
Don’t let an open container stop escalate into an OWI investigation. If you’ve been drinking, stay calm and remember you have rights. You’re not legally required to take field sobriety tests in Wisconsin.
The Connection to OWI Charges
Police often use open containers as evidence of drunk driving. If they pull you over and see an open beer, they’ll probably ask you to perform sobriety tests.
An open container violation by itself won’t get you arrested. But it gives officers reasonable suspicion to investigate further.
This is why the open container law matters so much. It’s not just about the $100 fine. It’s about what comes next if police think you’ve been drinking.
Restaurant Takeout Rules
Okay, pause. Read this carefully.
Many restaurants now offer cocktails to go. This became popular during the pandemic and many states kept the rules. Wisconsin allows it, but you must follow open container laws during transport.
The drink needs to go in your trunk immediately. Even if the restaurant sealed it with tape or a lid, the original seal is broken. That makes it an open container.
Some people have gotten tickets for driving home with takeout drinks in cup holders. Don’t be one of them.
RV and Motorhome Rules
Open container laws apply to motorhomes and RVs just like regular vehicles. Passengers cannot drink while the vehicle is moving on a public highway.
Once you’re parked at a campsite or rest area off the highway, you’re fine. But while driving down the interstate? No drinking allowed anywhere in the RV.
This surprises a lot of RV owners. They assume the living area doesn’t count. It does.
Recent Changes and Updates
Wisconsin’s open container law hasn’t changed much in recent years. The statute has been in place since 1975 with only minor updates.
The addition of nitrous oxide to the law came later, but the basic alcohol rules have stayed consistent.
One thing to watch is local ordinances. Cities can add stricter rules for their jurisdictions. What’s legal in one town might get you cited in another.
Why Wisconsin Has This Law
The federal government encouraged states to adopt open container laws through the Transportation Equity Act for the 21st Century in 1998. States that comply get financial incentives.
Wisconsin’s law meets the federal standard. It applies to drivers and passengers. It covers possession and consumption. And it bans open containers in the entire passenger area of the vehicle.
The goal is simple. Reduce drunk driving by eliminating the temptation to drink while driving or riding.
Comparison to Neighboring States
Most states around Wisconsin have similar open container laws. Minnesota, Michigan, and Illinois all ban open containers for drivers and passengers.
Missouri is different. Only the driver is prohibited from having open containers. Passengers can legally drink in a car there.
If you’re driving through multiple states, assume the strictest rules apply. Better safe than cited.
How Police Enforce the Law
Officers can see into your vehicle during traffic stops. If they spot an open container, they can cite you on the spot.
Some departments take this more seriously than others. Tourist areas and college towns tend to enforce it heavily, especially during weekends and events.
Getting pulled over for a broken taillight can turn into an open container ticket real quick if you’ve got a bottle rolling around.
Impact on Your Record
An open container violation shows up as a traffic citation. It won’t appear on criminal background checks because it’s not a crime.
You might have to disclose it on certain job or school applications if they specifically ask about civil offenses or traffic violations.
Insurance companies probably won’t raise your rates for a single open container ticket. But if you get multiple violations or pair it with other offenses, that changes.
Protecting Yourself
The best protection is following the law. Keep opened containers in the trunk. Don’t drink in vehicles. Stay aware of what your passengers are doing.
If you regularly transport alcohol for work or events, invest in proper storage containers. Keep receipts showing purchases to prove sealed containers haven’t been opened.
Document everything if you get cited unfairly. Take photos of where the container was located. Get witness statements if passengers can verify facts.
When to Get Legal Help
For a basic $100 ticket, hiring a lawyer probably costs more than the fine. Just pay it and move on.
But if you’re facing multiple charges, if you’re under 21 with enhanced penalties, or if the ticket is paired with OWI charges, talk to a lawyer immediately.
Commercial drivers should always consult an attorney. The impact on your CDL is too serious to handle alone.
Frequently Asked Questions
Can passengers drink alcohol in a car in Wisconsin?
No, passengers cannot drink in a car. Both drivers and passengers can be cited for open container violations. The law applies to everyone in the vehicle.
What counts as an open container?
Any bottle or receptacle with a broken seal, no lid, or partially removed contents. Even empty containers count if the seal was broken.
Where can I legally store open containers in my car?
In the trunk. If your vehicle has no trunk, store them in an area not normally occupied by passengers, like the cargo space behind the back seat. Never in the glove box or center console.
What’s the fine for an open container in Wisconsin?
Up to $100 for most violations. Penalties can double or quadruple if the driver is under 21 years old.
Do I get points on my license for open container violations?
No, open container violations do not result in demerit points on your license. However, they can lead to OWI investigations if police suspect drunk driving.
Can I drink in a limousine or party bus?
Yes, passengers in limousines and motor buses with licensed chauffeurs can have open containers. This exception does not apply to people under 21.
Are open containers legal on boats?
Yes, you can have open containers on boats. However, operating a boat with a BAC of 0.08 or higher is illegal and carries the same penalties as drunk driving.
Can I get ticketed if I didn’t know there was an open container in my car?
Yes, drivers can be cited even if they’re unaware of the open container. The law holds the vehicle owner and driver responsible for what’s in the car.
Final Thoughts
Wisconsin’s open container law is straightforward. Keep opened alcohol in the trunk. Don’t drink in vehicles. Make sure passengers follow the same rules.
The $100 fine seems small, but the real risk is what happens next. Open containers give police reason to investigate for OWI. That’s where things get expensive and complicated.
Now you know the rules. When in doubt, put it in the trunk. Stay safe out there.
References
- Wisconsin State Legislature, Section 346.935, “Intoxicants in motor vehicles” – https://docs.legis.wisconsin.gov/statutes/statutes/346/xiii/935
- Wisconsin Department of Transportation, “Enforcement Frequently Asked Questions” – https://wisconsindot.gov/Pages/safety/enforcement/faqs/default.aspx
- Wisconsin Department of Transportation, “OWI and Related Alcohol and Drug Offense Penalties” – https://wisconsindot.gov/Documents/safety/education/drunk-drv/owi-penchrt.pdf
- Grieve Law, “Drinking Laws in Wisconsin” – https://www.grievelaw.com/WisconsinOWI/Laws/DrinkingAlcohol
- Eisenberg Law Offices, “Be Careful With Takeout Alcohol – Wisconsin Has an Open Container Law” – https://eisenberglaw.org/blog/be-careful-with-takeout-alcohol-wisconsin-has-an-open-container-law/
