Georgia Open Container Laws

Open container laws refer specifically to open containers of alcohol in public places and in vehicles. Failure to comply with open container laws can result in strict penalties and fines. When you are arrested for an open container violation, it is important to contact a defense attorney to ensure that your rights are protected.

The federal government has ruled that open container laws should be left up to the states to regulate. However, in order to encourage states to have some open container laws in place, the federal government redirects highway fund grants for states that do not comply. This is known as TEA-21.

In order to fulfill the TEA-21 requirements, a state must make it illegal for a person to consume or possess an open container of alcohol in public and in a vehicle. For drivers, an open alcohol container must not be easily accessible to the driver or other passengers. This does not apply to public transportation vehicles such as buses, taxis or limousines. A state must also make it illegal to have any open container of alcohol that has at least 1 half of a percent of alcohol. TEA-21 refers to any public highway including the shoulders of a roadway.  Lastly, according to TEA-21, a state must ensure that law enforcement views open containers as a violation, and an officer does not need probable cause from another violation in order to arrest a person for an open container violation.

It’s no surprise that most states have open container laws in place. One that currently does not is the state of Georgia. However, there are local laws in place to prevent the possession and consumption of alcohol in public places. The laws are different for those that are under 21. 

Surprisingly, Mississippi actually allows the driver to consume alcohol while driving as long as they stay below the state’s legal limit of .08%. In addition to 7 other states, which include Missouri, Virginia, West Virginia, Connecticut, Delaware, Tennessee and Arkansas, Mississippi also allows passengers to consume alcohol in a moving vehicle.

For more information regarding Georgia’s open container laws, contact your local attorney.