What are Maryland’s open container laws?

 Posted on February 19, 2025 in Drunk Driving

Imagine cruising down the scenic roads of Maryland, enjoying the view with friends. Suddenly, you see flashing lights behind you and a sound alerts you to park. Could that unopened beer in your cup holder spell trouble? Maryland’s open container laws are strict, and knowing the rules can save you from hefty fines and legal headaches. Here is what you need to know about open container violations.

What counts as an open container?

In Maryland, an open container is any alcoholic beverage in a bottle, can, or other receptacle that:

• Is open
• It has a broken seal
• Has its contents partially removed

This law applies to both drivers and passengers. You must understand that you do not need to actively drink or open the container to face penalties. Even if it is in the cup holder or on the floor, it could still get you in trouble. According to the Maryland Transportation Code, it is illegal to have an open container of alcohol in the passenger area of a motor vehicle on a highway. This includes the seats and any location within reach of the driver or passengers.

What are the consequences of an open container violation?

If police catch you with an open container in Maryland, you could face the following:

• A fine of up to $500
• Points on your driving record
• Increased insurance rates

Understanding that an open container violation differs from a DWI (Driving While Intoxicated) charge is crucial. While both are serious, a DWI carries much harsher penalties, including potential jail time and license suspension.

How can you protect yourself from open container violations?

Understanding Maryland’s open container laws is essential, but sometimes, situations can get complicated. If you find yourself facing an open container violation, it is wise to seek legal advice. An attorney familiar with Maryland’s traffic laws can help you understand your rights and options. They can look into the details of your case, explain potential defenses, and work to minimize any negative impacts on your record and wallet.