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Pennsylvania Open Container Law (2026)
Restricted: 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).
Official source: legis.state.pa.us →
General legal information, not legal advice — verify important decisions with a licensed attorney.
Open Container Law in states bordering Pennsylvania
The same rule in each neighboring state LawLert has verified, from that state’s own official source.
- DelawareInfo
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 →
- MarylandRestricted
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.
Verified May 31, 2026 · Source: mgaleg.maryland.gov · Full Maryland rule →
- New JerseyRestricted
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.
Verified May 31, 2026 · Source: njoag.gov · Full New Jersey 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 →
- OhioRestricted
Ohio prohibits an open container of beer or intoxicating liquor in a motor vehicle on a public road, for the driver and for passengers, with limited exceptions such as passengers in a chauffeured limousine (ORC 4301.62).
Verified May 31, 2026 · Source: codes.ohio.gov · Full Ohio 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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