← Tennessee alcohol laws›Open Container Law
Tennessee Open Container Law (2026)
Restricted: 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.
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. State law expressly allows passengers to possess an open container and to consume alcohol in the vehicle (Tenn. Code § 55-10-416) — Tennessee is one of the few states that does not extend the ban to passengers. Penalty: Class C misdemeanor, punishable only by a fine of up to $50.
Official source: wapp.capitol.tn.gov →
General legal information, not legal advice — verify important decisions with a licensed attorney.
Open Container Law in states bordering Tennessee
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 →
- ArkansasRestricted
In Arkansas it is unlawful to possess an open alcoholic beverage container in the area designed to seat the driver or a passenger while the vehicle is in operation, or in any area readily accessible from a seated position while the vehicle is on a public highway or its right-of-way (A.C.A. § 5-71-218, Act 849 of 2017). …
Verified Jul 30, 2026 · Source: arkleg.state.ar.us · Full Arkansas rule →
- GeorgiaRestricted
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). …
Verified Jul 30, 2026 · Source: law.georgia.gov · Full Georgia rule →
- KentuckyRestricted
Kentucky prohibits open containers of alcohol in the passenger area of a motor vehicle on a public roadway, and drinking while driving is also barred (KRS 189.530).
Verified May 31, 2026 · Source: apps.legislature.ky.gov · Full Kentucky rule →
- MississippiConditional
Mississippi has no statewide open-container prohibition for vehicles — a driver or passenger may possess, and even drink from, an open container, provided the driver is not impaired under the DUI law (0.08% blood alcohol). Some local ordinances may restrict this.
Verified May 31, 2026 · Source: dor.ms.gov · Full Mississippi rule →
- MissouriConditional
Missouri has no statewide ban on a passenger having or drinking alcohol in a vehicle; only the driver is barred from drinking while operating it (RSMo 577.017). Many municipalities — Springfield, for example — prohibit open containers locally, so the rules vary by city.
Verified May 31, 2026 · Source: revisor.mo.gov · Full Missouri 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 →
- 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 →
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