← South Dakota alcohol laws›Open Container Law

South Dakota Open Container Law (2026)

Restricted: In South Dakota no person may consume or possess an open or unsealed alcoholic beverage in a vehicle on a public highway; the original seal must be unbroken.

RestrictedVerified May 31, 2026

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In South Dakota no person may consume or possess an open or unsealed alcoholic beverage in a vehicle on a public highway; the original seal must be unbroken. It is a Class 2 misdemeanor and applies to the driver and to passengers.

Official source: sdlegislature.gov →

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

Open Container Law in states bordering South Dakota

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

IowaRestricted
Iowa prohibits open containers of alcohol in the passenger area, for the driver and for passengers, and any opened container must be kept in the trunk or another area occupants cannot reach (Iowa Code 321.284).
Verified May 31, 2026 · Source: legis.iowa.gov · Full Iowa rule →
MinnesotaRestricted
Minnesota prohibits open containers of alcohol in the passenger area of a vehicle, which includes an unlocked glove compartment and any area the occupants can reach (Minn. Stat. 169A.35).
Verified May 31, 2026 · Source: revisor.mn.gov · Full Minnesota rule →
MontanaRestricted
Montana prohibits an open alcoholic-beverage container in the passenger area of a vehicle on a public highway, for both the driver and passengers (MCA 61-8-460). The civil fine is up to $100.
Verified May 31, 2026 · Source: archive.legmt.gov · Full Montana rule →
NebraskaRestricted
Nebraska prohibits open containers in the passenger area, and any opened container must be kept where occupants cannot reach it, such as the trunk. This applies to the driver and to passengers (Neb. Rev. Stat. 60-6,211.08).
Verified May 31, 2026 · Source: nebraskalegislature.gov · Full Nebraska rule →
North DakotaRestricted
North Dakota prohibits having an open or unsealed container of alcohol in the passenger area on a public highway; open containers must be kept in the trunk or an area that is not normally occupied (NDCC 39-08).
Verified May 31, 2026 · Source: ndlegis.gov · Full North Dakota rule →
WyomingRestricted
In Wyoming no person may consume, transport or possess an alcoholic beverage in a motor vehicle while it is in motion on a public street or highway unless it is: in the original unopened container with the seal unbroken; in the trunk or another outside compartment not readily accessible to anyone in the vehicle; in the unoccupied bed of a pickup out of the driver's reach; in an unoccupied rear compartment not normally occupied by passengers and not …
Verified Jul 28, 2026 · Source: wyoleg.gov · Full Wyoming rule →

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