Open Container Law

Ohio’s open container law is much broader than most drivers realize. Many people think you can simply place an open drink in the back of the car and be safe. Others believe an open container only matters if the driver is drinking. In reality, Ohio law restricts where any open alcoholic beverage can be stored inside a vehicle, and a simple mistake can lead to criminal charges or trigger an OVI investigation.

This article explains what counts as an open container, the narrow statutory exception for wine, how the law applies to hatchbacks and SUVs, and how an open container almost always increases the chances of an OVI arrest.

What Ohio Law Says About Open Containers

Ohio Revised Code 4301.62 prohibits drivers and passengers from possessing any open container of beer or intoxicating liquor while inside a motor vehicle that is on a public road or a publicly accessible area. The amount of alcohol inside the container does not matter. It can be full, nearly empty, or completely empty. The only thing that matters is whether the original seal has been broken.

An item is considered an “open container” if the seal has been broken. This includes:

• Open beer cans

• Resealable beer or seltzer bottles

• Resealed vodka, whiskey, or other liquor bottles

• Mixed drinks in a cup

• Growlers with a broken seal

• Open wine bottles

• Any alcoholic beverage in a cup or container from a bar or event

If it can be consumed without breaking a manufacturer seal, it is an open container under Ohio law.

One exception for transporting open containers in your personal vehicle

Ohio law includes a very narrow exception for wine purchased from a liquor permit holder, such as a restaurant. If the restaurant reseals the bottle in a way that makes tampering obvious, you may transport it:

• in your sealed trunk, or

• the wine must not be easily accessible by the driver and either behind the last upright seat or in an area not normally occupied by the driver or passengers

  
  

There is no similar exception for beer, liquor, mixed drinks, or growlers.

This creates a real tension in the statute. The wine exception is specific and detailed, but the law does not clearly address whether other alcoholic beverages follow the same rule when a vehicle has no trunk. There is no Ohio case law directly explaining whether the wine storage rules apply only to wine or reflect a general rule for all open containers.

Most officers treat all open containers the same regardless of the type of alcohol. If the container is accessible to a passenger or driver, they will cite you.

Legal Ambiguity and How Officers Usually Interpret This in Practice

Because the statute mentions wine only and does not address any other alcoholic beverage, there is real legal ambiguity. There is no case law clarifying whether the wine rule reflects a general principle or whether the absence of language means open beer or liquor cannot legally be transported at all, even in a sealed trunk.

Despite this gap, most officers apply a practical approach. They typically treat the wine exception as a general common sense rule and will consider any open container properly stored if it is placed in a sealed trunk or, in a trunkless vehicle, behind the last upright seat and out of reach. Officers rarely distinguish between types of alcohol in the field. Their focus is accessibility. If the container is reachable, they will cite you. If it is not reachable, many officers choose not to. However, this practice is not grounded in explicit statutory language, and the true legal standard remains unclear.

Why an Open Container Can Lead to an OVI Investigation

Even if you are not drinking and even if the open container is legal based on where it is stored, its presence can drastically change how a traffic stop unfolds.

An officer who sees an open container has immediate grounds to suspect alcohol involvement. This provides:

• Reasonable suspicion to extend the traffic stop

• A basis to ask additional investigative questions

• A reason to request field sobriety tests

• A reason to search parts of the vehicle

• An opportunity to look for signs of impairment, even if you are sober

  
  

If the officer believes there is any sign of impairment, they may escalate to an OVI investigation. Many drivers who are completely sober have been arrested in these situations simply because the presence of an open container caused the officer to scrutinize everything more closely.

The safest decision is to avoid drinking in your vehicle entirely. Even an empty can from a tailgate or a friend’s house can become an unnecessary problem. You do not want to give the officer evidence that can be used to justify an OVI arrest.

Avoid Problems

To protect yourself:

• Do not drink inside your vehicle

• Do not leave open containers anywhere in your vehicle

• Be aware that officers may cite you even if you place open containers in your trunk

  
  

The safest approach is simple. Don’t transport open containers. The law gives a clear rule only for resealed wine, and anything else creates unnecessary legal risk.

If You Have Questions or Face an Open Container or OVI Charge

These situations can be confusing because the statute is specific in some places and vague in others. The wine exception is written clearly, but the law provides no firm rule for beer, liquor, or growlers. There is no case law clarifying the issue. This leaves significant room for officer discretion.

If you were cited or if an open container played a role in an OVI investigation, I can walk you through your options and explain how the facts of your case may be challenged.

Reach out if you would like help.