North Carolina Open Container Law: Rules, Penalties, and What to Know
North Carolina’s open container law actually creates two separate offenses, and which one you face changes everything. Under G.S. 20-138.7, simply having an open container of alcohol in the passenger area of a vehicle is a non-criminal infraction, while driving with an open container while you are consuming alcohol or have alcohol in your body is a criminal misdemeanor. The two are frequently confused and sometimes charged incorrectly, so it matters which part of the statute applies to your situation. This guide explains both open container offenses in North Carolina, what counts as an open container and a passenger area, and the fines and license consequences that follow. Because open container charges often accompany a stop for drinking and driving, our practice also maintains a Raleigh DWI resource.
Two Different Open Container Offenses
The statute splits into two offenses with very different consequences. The first, under G.S. 20-138.7(a1), makes it an infraction to possess an open alcoholic beverage, or one not in the unopened manufacturer’s original container, in the passenger area of a vehicle. An infraction is a non-criminal violation, so it cannot lead to jail, and the maximum fine is $100 plus costs. Either the driver or a passenger can be charged, and the person charged is the one who possessed the container. The second offense, under G.S. 20-138.7(a), is a misdemeanor and applies only to a driver. It requires that you were driving on a highway with an open container in the passenger area and that you were consuming alcohol or had alcohol remaining in your body. That combination, the open container plus alcohol in the driver, is what turns the infraction into a crime.
What Counts as an Open Container and a Passenger Area
The definitions decide many of these cases. A container is considered open if its seal has been broken, and that remains true even if the lid has been put back on, and any glass, cup, or other container holding an alcoholic beverage also counts. The passenger area is the space designed to seat the driver and passengers, plus any area within reach of a seated person, which specifically includes the glove compartment. The trunk, or the area behind the last upright seat in a hatchback or station wagon, is not part of the passenger area, so a sealed or unsealed bottle stored there is treated differently from one within reach of the seats. These lines are often where an open container charge is won or lost.
Penalties and License Consequences
For the misdemeanor under subsection (a), a first offense is a Class 3 misdemeanor, punishable by up to 20 days depending on your record, and a second or subsequent offense is a Class 2 misdemeanor, punishable by up to 60 days. The misdemeanor is treated as a moving violation, so it also carries DMV consequences: a first conviction does not trigger a license revocation, but a second conviction results in a six-month revocation and a third or subsequent conviction in a one-year revocation. The infraction under subsection (a1) carries the $100 maximum fine, and because the statute treats it as a non-moving violation, it carries no license points and no license suspension. Fees and the exact costs are set by the state and adjust periodically.
NC Open Container Offenses at a Glance
| Offense | Applies to | Classification | Penalty |
| Possession in passenger area, G.S. 20-138.7(a1) | Driver or passenger | Infraction (non-criminal) | Up to $100 fine plus costs |
| Driver consuming or alcohol in body, G.S. 20-138.7(a), first | Driver only | Class 3 misdemeanor | Up to 20 days; no revocation |
| Same offense, second | Driver only | Class 2 misdemeanor | Up to 60 days; 6-month revocation |
| Same offense, third or subsequent | Driver only | Class 2 misdemeanor | Up to 60 days; 1-year revocation |
Open Container and DWI
Open container and DWI frequently arise from the same stop, and a driver can be convicted of both for a single incident. There is an important limit, though: the punishment for the open container offense cannot be added to a DWI in a way that exceeds the maximum penalty allowed for the DWI itself. Because an open container in the driver’s reach can also be used as evidence of drinking, how the container charge is handled can matter to the DWI case as well, which is one reason the two are best evaluated together rather than separately.
Frequently Asked Questions
Is an open container a crime in North Carolina?
It depends. Possessing an open container in the passenger area is a non-criminal infraction with a maximum $100 fine under G.S. 20-138.7(a1). It becomes a criminal misdemeanor under subsection (a) only when the driver is consuming alcohol or has alcohol in their body.
Can a passenger get an open container ticket in NC?
Yes. The infraction under subsection (a1) applies to a driver or a passenger, and the person charged is whoever possessed the open container. The misdemeanor under subsection (a), by contrast, can only be committed by the driver.
What counts as an open container in North Carolina?
A container whose seal has been broken, even if the lid was replaced, and any glass, cup, or other container holding an alcoholic beverage. Location matters too, since the passenger area includes anywhere within reach of a seated person and the glove compartment, but not the trunk.
Does an open container conviction suspend my license in NC?
A first misdemeanor conviction does not, but a second results in a six-month revocation and a third in a one-year revocation. The infraction is not a moving violation and does not carry points or a suspension.
Can I be charged with open container and DWI at the same time?
Yes. Both can be charged for the same incident, though the open container penalty cannot be stacked onto a DWI beyond the DWI’s maximum penalty. Because the two interact, they are best handled together.
Charged With an Open Container Offense in Raleigh?
Whether your charge is a $100 infraction or a criminal misdemeanor with license consequences depends on the exact facts, and those facts are often contestable. Manning Law Firm has handled traffic and alcohol-related matters in the Wake County courts for more than 40 years, led by a former federal prosecutor who is a Board-Certified Specialist in State and Federal Criminal Law. Call 919.834.3499 or use our 24/7 text line at 919.801.3267 to schedule a consultation and find out where your case stands.
