Navigating Florida’s Open Container Laws: What Drivers Need to Know
Florida’s vehicle open-container law creates a noncriminal traffic violation under state law. A driver’s violation is treated as a moving violation, while a passenger’s violation is treated as a nonmoving violation. Separate DUI or other criminal charges can arise when additional facts support them, but possession of an open container does not by itself make the state-law violation a crime.
Drinking in moderation is alright, provided you do so at the right time and in the right place. In Florida, for instance, drinking in the wrong place, such as a car (even a parked one), can be a breach of open container laws. Depending on the circumstances surrounding the case, you may find yourself facing hefty fines and even jail time.
In this guide, the experienced legal professionals at RHINO Lawyers will explore Florida drinking regulations and traffic violations. Read on to discover facts about getting caught with an open container of alcohol in the state.
Open Container Laws in Florida
According to Bankrate’s 2025 drunk driving statistics, data from the National Highway Traffic Safety Administration (NHTSA) reveals that around one person dies every 39 minutes in the U.S. due to drinking and driving. Each year, over 11,000 people lose their lives as a result of drunk driving incidents. Bankrate also cited statistics for Florida: In 2022 alone, the state had 3,530 alcohol-related traffic fatalities, the third highest among all states.
Given the deadly consequences of driving under the influence of alcohol, Florida enforces strict alcohol-related driving laws.
Florida Statutes Title XXIII Chapter 316 Section 1936 governs the state’s open container laws. By law, an “open container” refers to any container containing an alcoholic beverage that a person can immediately consume from or has a broken seal.
Any person in Florida possessing an open alcoholic beverage container while driving or operating a vehicle is in breach of this law. The same goes for a passenger.
Florida’s road-related alcohol consumption laws consider an open container of an alcoholic beverage to be in someone’s possession if the person has physical control over it or if it’s not in:
- A locked glove compartment
- Locked trunk
- A locked non-passenger section of the motor vehicle
In short, alcohol consumption laws in Florida prohibit people who are either driving, in physical control, or a passenger of motor vehicles from possessing, consuming, or transporting alcohol in unsealed containers that are not locked away.
What About Parked Vehicles?
Florida’s open container laws also make it illegal to have open containers of alcoholic beverages in a car parked in a place open to public travel. Examples include but are not limited to:
- Alleys
- Streets
- Highways
- Sidewalks
- Bridges
- Tunnels
If you’ve parked your vehicle on private property (e.g., a private driveway or garage), you can drink while sitting in the parked car.
Are There Exceptions to Florida’s Vehicle Open-Container Law?
Yes. Florida Statute §316.1936 contains specific passenger exceptions.
The statute does not apply to:
- a passenger in a vehicle when the driver is operating under a contract to transport passengers and holds the required commercial driver license with a passenger endorsement;
- a passenger on a bus whose driver holds the required commercial driver license with a passenger endorsement; or
- a passenger in a self-contained motor home longer than 21 feet.
Florida law also provides that a properly sealed alcoholic beverage transported under specified restaurant and alcoholic-beverage licensing statutes is not an “open container” for purposes of §316.1936.
These exceptions should be evaluated under the exact facts rather than assuming every commercial or for-hire vehicle automatically qualifies.
Florida Open-Container Penalties
Under §316.1936, a driver who violates Florida’s vehicle open-container law commits a noncriminal moving traffic violation.
A passenger who violates the law commits a nonmoving traffic violation.
Chapter 318 currently establishes a $60 base penalty for ordinary moving violations that do not require a mandatory appearance and a $30 base penalty for nonmoving traffic violations. Court costs and other lawful assessments may increase the total amount due.
A county or municipality may adopt an ordinance imposing more stringent restrictions than the statewide open-container statute, so local law may also need to be checked.
An open container may also lead an officer to investigate possible DUI, but an open-container citation and a DUI charge are separate legal issues.
What to Do When Facing an Open Container Violation
Suppose you or someone you care about is facing a charge for violating open container laws in Florida. In that case, the first step is to seek professional legal advice from a highly experienced DUI defense attorney.
A DUI defense lawyer will inform you of all your rights and potential defenses for an open container violation. They’ll review all the facts, evidence, and circumstances surrounding the incident. They’ll then use their findings to develop the best course of action, which may involve challenging the charges or negotiating a plea deal.
Possible defenses depend on the facts and the statutory elements. Issues may include whether the container legally qualified as open, whether it was actually in the driver’s or passenger’s possession under §316.1936, whether a statutory passenger or motor-home exception applied, and whether evidence resulted from an unlawful search or detention.
A BAC below .08% does not, by itself, defeat an open-container violation because intoxication is not an element of §316.1936.
RHINO Lawyers Can Help
Open container laws in Florida exist to help with public safety and mitigate the dangerous, even deadly consequences of drunk driving. However, individuals charged with violating these rules still have the right to due process. In some cases, law enforcement officers may inaccurately charge them or even conduct illegal vehicle searches.
RHINO Lawyers can help if you or a loved one is facing a charge or conviction for violating Florida’s open container laws. Our attorneys have decades of combined experience in handling and representing individuals who’ve been in the same situation. We’ll use our knowledge, expertise, and skills to fight for and protect your rights and achieve the best possible outcome.
Contact us today so we can get started with your free case review.
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RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
