Can you drink alcohol while someone else drives in NC? Here’s what the law says
AI-generated summary reviewed by our newsroom.
- NC law bans open alcohol in vehicle passenger areas on highways or rights-of-way.
- First open-container offense is a Class 3 misdemeanor; repeat offenses escalate.
- Exceptions apply for passengers in taxis, party buses, and motor home living areas.
Drinking while driving in North Carolina is not only illegal, but could cost you your license, thousands of dollars in fines and possible jail time.
But what if you’re riding shotgun? What’s the penalty for drinking alcohol as a passenger?
Here’s what North Carolina drivers (and riders) should know about open container laws:
Can car passengers drink alcohol in NC?
The short answer is “no.”
North Carolina law forbids anyone from having alcohol “other than in the unopened manufacturer’s original container,” or consuming alcohol “in the passenger area of a motor vehicle while the motor vehicle is on a highway or the right‑of‑way of a highway,” General Statute 20-138.7 says.
By law, the passenger area includes the driver and passenger seats, or “any area within the reach of a seated driver or passenger, including the glove compartment.”
“If the seal is still intact, it can be in the passenger area,” Trooper Whit Efird with North Carolina State Highway Patrol told The Charlotte Observer. “If the seal is broken, that bottle has to go into the trunk.”
Only the person caught with or drinking from an open container will be charged, according to state law.
What’s the punishment for breaking open container laws in NC?
In North Carolina, driving with an open container of alcohol is a Class 3 misdemeanor for the first offense and a Class 2 misdemeanor on the second and subsequent offenses, state law says.
This applies even if a vehicle is parked, according to the Raleigh-based Scharff Law Firm.
Driving with any open alcoholic beverage is considered a moving violation, according to state law. If a driver is convicted of both a moving violation and driving while impaired, “the punishment imposed by the court shall not exceed the maximum applicable to the offense involving impaired driving, and any minimum applicable punishment shall be imposed.”
The penalty for a passenger caught drinking is less severe, though it will still lead to a ticket.
“It’s a misdemeanor and mandatory court appearance,” Efird said. The bottom line is “you can’t have any open alcohol in the car whatsoever.”
Both violations can lead to limited driving privileges — or having your license revoked altogether.
Are there exceptions to open container rules?
It’s illegal to drink while driving or riding in most cars, but there are exceptions depending on the type of vehicle.
Under state law, it’s not illegal for passengers to have or consume an open bottle of alcohol if it’s:
- In the passenger area of a vehicle “designed, maintained, or used primarily for the transportation of persons for compensation” — think taxis or party buses.
- In the living area of a motor home.
- In a mobile home / trailer.
Inspired by a story from The Sacramento Bee in California.
This story was originally published September 5, 2025 at 2:37 PM.