Washington State Open Container Laws

Washington State open container laws prohibit anyone, including a passenger, from having an open container of alcohol in a moving vehicle. By law, any receptacle that contains alcohol and has an opened seal or top—such as a bottle, flask, or can—is considered an open container.

Although open container laws are not upheld by the federal government, under the Transportation Equity Act for the 21st Century, or Tea-21, states must enforce open container laws in order to receive federal funding for roads and highways. As a result, most states have some type of open container law. In fact, there are only eleven states that do not have strict laws to limit or restrict open containers in vehicles, and Washington is not one of them.

In Washington, any open container of alcohol must be stored in the trunk of the vehicle. This includes beer, wine, liquor, and any beverage that contains one-half of one percent or more of alcohol by volume.

If you are found to be in violation of Washington State open container laws, you or your passenger—depending on who owns the open container—will be ticketed. Although an open container charge is not as severe as a DUI charge, it does carry with it a fine of up to $250 and, if you have ever been stopped or convicted of DUI in the past, you may face additional charges.

It is important to know that when you pay the fine for an open container citation, you are admitting guilt. This information can then be used against you if you face another open container or DUI charge in the future. As a result, if you have recently received a ticket for having an open container in your vehicle, you should first speak with an experienced DUI defense attorney before you make any decisions regarding your citation.

Linda M. Callahan is a dedicated DUI defense lawyer and knows the ins and outs of the Washington State open container laws. She will carefully review your case to determine what option is right for you. Call Callahan Law today for a free consultation on your open container case.