Skip to main content

Here’s a little-known fact: 10 states allow a passenger to transport an open container of alcohol in a motor vehicle on public roads. Eight of those states allow said passenger to drink from the container while the car is driving. But Virginia has a clever loophole in this law: A passenger with an open container means police can assume the driver has been drinking too, and require them to pass a field sobriety test.

Here’s the scoop: In Arkansas and West Virginia, a passenger in a moving motor vehicle can posses an open container of alcohol on a public roadway. But they can’t be actively drinking it. So you’ve finished a picnic and still have half a bottle of wine. You don’t need to toss it in the trunk to bring it home, your passenger can hold it upright and keep it from spilling.

You can do the same thing in Alaska, Connecticut, Delaware, Mississippi, Missouri, Rhode Island, Tennessee, and Virginia. But there’s one critical difference: the passenger can be actively drinking from said open container while you’re driving. That’s right, in these eight states your passenger can drink while you drive.

Police officer leans into a window during a traffic stop.
Traffic stop | Jacob Wackerhausen via iStockPhoto

In many of the other 40 states, police have long argued that allowing passengers to drink makes it difficult to enforce drunk driving laws. If they pull over a car with a bunch of open beers in cupholders, how do they know the driver hasn’t been drinking from one?

To be blunt, police in this situation–even in states where it’s legal to have open containers in a moving vehicle–would probably take an especially careful look at the driver to see if they’re drunk. But the state of Virginia goes one step further.

If a Virginia driver allows open containers in their car, the burden of proof is on them to prove they aren’t drunk. What does this mean? The police don’t need further cause to ask for a field sobriety or breathalyzer test.

Honestly, I appreciate how this law is written. If a driver hasn’t had any drinks, and doesn’t care about blowing in a breathalyzer, than they can allow their passengers to drink. But if they don’t feel like the hassle, they can tell their buddies to toss the beers before they get in the car. This allows passengers to have fun, but doesn’t make things much more complicated for police officers trying to keep drunk drivers off the road.

Next, read about the places making it illegal to smoke in your car, or learn more about the states that allow your passengers to drink while you drive in the video below:

Best in Tips, Tricks & Trends
Avatar photo
Staff Writer

Henry Cesari

Henry Cesari joined MotorBiscuit in 2021 and brings his deep interest in vintage cars, trucks, and motorcycles to the site. Having restored his first classic car at just 16 years old, Henry has wrenched on everything from overland campers to Japanese motorcycles and even pre-war Bugattis. Henry is also an avid attendee at local car shows and genuinely enjoys connecting with fellow auto enthusiasts.

Henry earned a Bachelor’s in Anthropology and English from the University of Vermont. He has since incorporated his love of the written word with his admiration of classic cars. While Henry is interested in vintage cars, he believes the golden age of cars is yet to come. He is confident journalists will play an important role in this revolution by exposing the industry as it is now and envisioning its possible future.