← Maryland alcohol laws›Open Container Law

Maryland Open Container Law (2026)

Restricted: Maryland prohibits open containers of alcohol in the passenger area of a vehicle on a highway (Md. Code, Transp. 21-903), whether the vehicle is moving or parked, with limited exceptions for for-hire vehicles and recreational-vehicle living quarters.

RestrictedVerified May 31, 2026
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Official source: mgaleg.maryland.gov →

General legal information, not legal advice — verify important decisions with a licensed attorney.

Open Container Law in states bordering Maryland

The same rule in each neighboring state LawLert has verified, from that state’s own official source.

  • Delaware has no general open-container law — it does not prohibit an open container in a vehicle's passenger area, and passengers 21 and older may drink alcohol in a moving vehicle. The driver can still be charged with DUI. A 2023–24 bill to create a ban (HB119) did not become law.

    Verified May 31, 2026 · Source: oabcc.delaware.gov · Full Delaware rule →

  • In the District of Columbia it is unlawful to drink or to possess an open container of alcohol in any public space, including in a vehicle on a public street, whether moving or parked. It is a misdemeanor (DC Code 25-1001).

    Verified May 31, 2026 · Source: code.dccouncil.gov · Full District of Columbia rule →

  • PennsylvaniaRestricted

    Pennsylvania bars the driver and passengers alike from possessing an open alcoholic beverage in a motor vehicle on a highway; it is a summary offense (75 Pa.C.S. 3809).

    Verified May 31, 2026 · Source: legis.state.pa.us · Full Pennsylvania rule →

  • VirginiaRestricted

    Virginia prohibits drinking while driving, and it enforces that through a presumption: an open, partially consumed container in the passenger area, together with signs of consumption, creates a rebuttable presumption that the driver drank (a Class 4 misdemeanor). The trunk and other areas that cannot be reached are excluded (Va. Code 18.2-323.1).

    Verified May 31, 2026 · Source: law.lis.virginia.gov · Full Virginia rule →

  • West VirginiaConditional

    West Virginia law restricts only drinking, by the driver and by passengers; carrying an open or previously opened container in the passenger area is generally allowed, unlike in most states. Driver consumption is prohibited (W. Va. Code 17C-5-2 et seq.).

    Verified May 31, 2026 · Source: code.wvlegislature.gov · Full West Virginia rule →

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