← New Jersey alcohol laws›Open Container Law

New Jersey Open Container Law (2026)

Restricted: New Jersey prohibits an open or unsealed alcohol container in the passenger compartment, for the driver and for passengers, in a vehicle on a public road (N.J.S.A. 39:4-51b).

RestrictedVerified May 31, 2026
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New Jersey prohibits an open or unsealed alcohol container in the passenger compartment, for the driver and for passengers, in a vehicle on a public road (N.J.S.A. 39:4-51b). A first offense carries a $200 fine.

Official source: njoag.gov →

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

Open Container Law in states bordering New Jersey

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 →

  • New YorkRestricted

    New York prohibits an open container of alcohol in a vehicle on a public highway; opened containers must be carried in the trunk, or behind the rearmost upright seat if the vehicle has no trunk. This applies to the driver and to passengers (NY VTL 1227).

    Verified May 31, 2026 · Source: nysenate.gov · Full New York 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 →

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