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Georgia Open Container Law (2026)
Restricted: In Georgia, no person may consume an alcoholic beverage or possess an open alcoholic beverage container in the passenger area of a motor vehicle that is on the roadway or shoulder of a public highway (O.C.G.A. § 40-6-253).
In Georgia, no person may consume an alcoholic beverage or possess an open alcoholic beverage container in the passenger area of a motor vehicle that is on the roadway or shoulder of a public highway (O.C.G.A. § 40-6-253). "Passenger area" excludes a locked glove compartment and, in a passenger car without a trunk, the area behind the rearmost upright seat. Only the person consuming or possessing is charged — but a driver alone in the vehicle is deemed to possess any open container. The ban does not reach passengers in vehicles used primarily to transport people for compensation, or in the living quarters of a motor home or house trailer. Penalty: a fine not to exceed $200 and 2 points on your Georgia driving record.
Official source: law.georgia.gov →
General legal information, not legal advice — verify important decisions with a licensed attorney.
Open Container Law in states bordering Georgia
The same rule in each neighboring state LawLert has verified, from that state’s own official source.
- AlabamaRestricted
Alabama prohibits open containers of alcohol — anything no longer in the manufacturer's sealed condition — in the passenger area on public highways, and the ban applies to the driver and to passengers. …
Verified Jul 26, 2026 · Source: alison.legislature.state.al.us · Full Alabama rule →
- FloridaRestricted
Florida prohibits open containers of alcohol in the passenger area, for the driver and for passengers; alcohol is allowed if it is still sealed or is stored in a locked glove box, the trunk, or another locked area outside the passenger area. There is a limited exception for passengers in for-hire vehicles and motor homes (Fla. Stat. 316.1936).
Verified May 31, 2026 · Source: flsenate.gov · Full Florida rule →
- North CarolinaRestricted
North Carolina prohibits possessing an open or unsealed alcoholic beverage — one no longer in the manufacturer's unopened container — or consuming alcohol in the passenger area on a highway or its right-of-way. The glove compartment counts as passenger area (NCGS 20-138.7).
Verified May 31, 2026 · Source: ncleg.net · Full North Carolina rule →
- South CarolinaRestricted
South Carolina makes an open container of beer or wine in a moving vehicle unlawful unless it is stored in the trunk or luggage compartment, out of the passenger area. It is a misdemeanor (S.C. Code 61-4-110).
Verified May 31, 2026 · Source: scstatehouse.gov · Full South Carolina rule →
- TennesseeRestricted
Tennessee's open-container law reaches the driver only: a driver may not possess or consume any alcoholic beverage or beer while operating a motor vehicle, and "operating" includes having the engine running whether or not the vehicle is moving. …
Verified Jul 30, 2026 · Source: wapp.capitol.tn.gov · Full Tennessee rule →
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