ORLANDO, Fla. – News 6 traffic safety expert TrooperSteve Montiero answers viewer questions twice per week in a segment called “Ask Trooper Steve.”
Trooper Steve on Tuesday was asked about open container laws in Florida.
Florida law makes it illegal to have an open alcoholic beverage in the passenger area of a vehicle while on a public road. And that’s not just when the car is moving, even if you’re parked on the side of the street, an open drink in the cabin can get you in trouble.
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So what counts as an “open container?”
The definition goes beyond beer cans and bottles. If the seal has been broken or it’s in a cup or glass, it’s considered “open.” And if that container is accessible in the car, it can legally be viewed as the driver’s possession, even if they’re not the one holding it.
But there are some exceptions.
Commercial rides: Passengers in limousines, taxis, buses or party buses are allowed to drink.
Motorhomes: If you’re riding in a self-contained RV over 21 feet long, passengers can drink in the living area.
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Restaurant wine: Florida allows you to take home unfinished bottles of wine, but they must be resealed, stored in the trunk or locked glove box, and accompanied by a receipt.
Drivers face a moving violation, passengers face a non-moving violation, with fines typically between $60–$90.
But keep in mind, some counties and cities have stricter penalties that can climb much higher, most times exceedingly well over a hundred dollars.
If you’re transporting alcohol, the safest move is simple: keep it sealed and keep it out of reach.