Updated
Under CRS 42-4-1305, Colorado open container laws make it a traffic infraction to drive with an open container of alcohol in the passenger compartment of the motor vehicle on a public road. The law does not apply to taxis, limos, motorhomes and certain sections of a vehicle not accessible to passengers.
However, if the driver is under the influence of alcohol, they could face criminal DUI charges. In this article, our Colorado criminal defense lawyers will address:
- 1. What is driving with an open container of alcohol in Colorado?
- 2. What are the exceptions?
- 3. How does the prosecutor prove I am guilty?
- 4. What are the penalties for an open container of alcohol?
- 5. Can you walk with an open container in Colorado?
- 6. Related Offenses
CRS 42-4-1305, Colorado open container laws make it a traffic infraction to drive with an uncorked or sealed bottle or can of alcohol in the passenger compartment of the motor vehicle.
1. What is driving with an open container of alcohol in Colorado?
Under CRS 42-4-1305, it is a violation for a person in the passenger area of a motor vehicle on a public road to knowingly consume alcohol or have open alcohol beverages containers in their possession. Consumption of alcohol while in the vehicle is illegal even if the person is not driving or impaired. In Colorado, an open container violation will result in a fine.
An “open alcoholic beverage container” is defined as, “a bottle, can, or receptacle that contains any amount of alcoholic beverage and:
- That is open or has a broken seal; or
- The contents of which are partially removed.”1
The “passenger area” is the area of a vehicle designed to seat the driver and passengers. This includes any area readily accessible to the driver or passenger, including the glove compartment, under the seat, side door compartments, or seat-back pockets.
An alcoholic beverage includes beer, cider, malt liquor, sake, wine, distilled spirits, or similar fermented beverages containing 0.05% alcohol or more by volume.2 Even if the booze was consumed in a legal location, such as a restaurant or at home, the uncorked or unsealed bottle or cannot be transported in the passenger area of the vehicle. An open alcohol container should be stored in an inaccessible area, such as the trunk of a car.
2. What are the exceptions?
There are a number of exceptions to CRS 42-4-1305. Specifically, the penalties do not apply to:
- Passengers in a vehicle used for transportation for compensation, such as a taxi or bus;
- Possession in the living quarters of a motor home, house coach, or house trailer; or
- Contained in an area behind the rear seat or area not normally occupied by a passenger or vehicle not equipped with a trunk, such as a pickup truck.
An open alcohol container may not result in a ticket on a taxi or bus. However, many taxi and bus companies have a prohibition or restriction on consuming alcohol on board.
The “passenger area” is the area of a vehicle designed to seat the driver and passengers while the vehicle is in operation.
3. How does the prosecutor prove I am guilty?
Possession of open containers of alcohol is not a criminal offense in Colorado. Instead, it is a traffic infraction, punishable by a simple fine. Traffic infractions have a lower burden of proof compared to criminal charges. The prosecutor only has to prove that you are guilty by a preponderance of the evidence. In order for the prosecutor to prove you violated the law against possession of an open container of alcohol, they have to prove that you were:
- In the passenger area of a motor vehicle;
- On a public highway or the right-of-way of a public highway of Colorado;
- Drank an alcoholic beverage; or
- Had in your possession an open alcoholic beverage container.
4. What are the penalties for an open container of alcohol?
A person who violates CRS 42-4-1305, driving with an open alcoholic beverage container, commits a class A traffic infraction. The penalties include a fine of $50 and a surcharge of $16.3
A passenger in a vehicle may only face a traffic infraction; however, if the driver is drinking alcohol, they may face criminal charges. An open container of alcohol in the car can give the police probable cause to believe the driver may have been drinking alcohol, leading to an arrest on suspicion of DUI. Even if the driver is under the legal BAC limit, they may lose their license and have to deal with clearing up a DUI arrest or fight criminal drunk driving charges.
5. Can you walk with an open container in Colorado?
Walking with open containers of alcohol is largely illegal in Colorado, but there are exceptions carved out by local law. (It is always illegal to walk with an open container of marijuana.)
Some cities are passing common consumption ordinances, which allow people to gather in certain areas and drink from cups that came from different, nearby establishments. People should check their local laws for the latest development on if and where public drinking is allowed.
See our related article, Can you get an open container in Colorado while walking?
6. Related Offenses
CRS 42-4-1305 may be related to other traffic violations or criminal offenses. A minor under the age of 21 in possession of alcohol may face a petty offense. Increasingly in Colorado, drivers and passengers are ticketed for driving with an open container of marijuana in the vehicle. If the driver is suspected of operating while under the influence of alcoholic drinks or drugs, they may be arrested for a DUI and lose their license.
6.1. CRS 42-4-1305.5 Open Container of Marijuana in a Motor Vehicle
Under CRS 42-4-1305.5, using marijuana or having possession of an open marijuana container in one’s possession while in a motor vehicle is a traffic infraction. However, because marijuana is generally packaged differently than alcoholic drinks, there is also a requirement that there is evidence marijuana was consumed within the vehicle. Penalties for having an open container of marijuana include a fine of $50 and a surcharge of $7.80.
6.2. CRS 18-13-122 Minor in Possession of Alcohol
In Colorado, it is a petty offense for anyone under 21 to possess or consume alcohol or be in possession of liquor, beer, or wine. A first offense can result in a fine of up to $100 and require completion of a substance abuse education program approved by the state. A second or subsequent offense can result in increased penalties.
6.3. CRS 42-4-1301 DUI (or DWAI)
Operating a motor vehicle while impaired by booze or drugs, is a criminal offense under CRS 42-4-1301. The penalties for driving under the influence of alcohol include jail time, fines, a suspended license, and increased insurance costs. Open container and DUI are similar yet separate offenses.
Contact our Denver law firm for a free consultation and legal advice.
Arrested in California? Go to our article on California laws for driving with unsealed alcoholic beverages.
Arrested in Nevada? Go to our article on Nevada laws for driving with unsealed alcoholic beverages.
Legal References
- CRS 42-4-1305(1)(c)
- 23 C.F.R. 1270.3(a)
- CRS 42-4-1305(2)(c)