A traffic stop for an open container violation in Michigan can lead to fines, points on your driving record, and even possible jail time. You may be wondering, What exactly does Michigan’s open container law prohibit, and what are the penalties for violating it?
Michigan’s open container law makes it illegal for drivers and passengers to possess or transport alcoholic liquor in a container that is open, uncapped, or has a broken seal within the passenger area of a vehicle on a highway or any place open to the public.
Alcohol must be stored in a trunk, locked glove compartment, or another area inaccessible to passengers. A violation is a misdemeanor, punishable by fines, jail time, and points on your driving record.
With extensive experience handling Michigan criminal defense cases, I have successfully defended clients against open container charges and other traffic-related offenses. Below, I’ll break down Michigan’s open container law, penalties, legal exceptions, and how to protect yourself from serious consequences.
Where Can You Legally Store Alcohol in a Vehicle?
In Grand Rapids and throughout Michigan, you can legally store open containers of alcohol in a vehicle only in the trunk or other areas separate from the passenger area, like a locked glove compartment, if there isn’t a trunk.
Where should alcohol be stored in a vehicle in Michigan?
In Michigan, alcohol must be stored in one of the following places to comply with the law:
- A trunk
- A locked glove compartment
- A separate area not accessible to the driver or passengers, such as behind the last upright seat in an SUV or minivan
If alcohol is stored anywhere else, even if unopened, you could still be charged with a violation.
Who Is Exempt from Michigan’s Open Container Law?
In Michigan, open containers of alcohol are generally prohibited in passenger areas of motor vehicles, with exemptions for passengers in specific vehicles, such as charter vehicles, and for storage in trunks or inaccessible areas.
What are the exceptions to Michigan’s open container law?
Certain passengers and vehicles are exempt from Michigan’s open container law, including:
- Passengers in Licensed Transport Vehicles – Limousines, buses, and taxis allow passengers to possess and consume alcohol legally. (source)
- Passengers on Commercial Quadricycles (Pedal Pubs) – Riders on pedal pubs can legally bring and drink beer, wine, or spirits, but local restrictions may apply.
- Social Districts (Outdoor Drinking Zones) – Certain Michigan cities allow outdoor alcohol consumption in designated areas, but this does not apply inside vehicles.
What are the Penalties for Violating Michigan’s Open Container Law?
A violation of Michigan’s open container law is a misdemeanor, with penalties that may include:
- A fine of up to $500
- Jail time of up to 93 days
- Court-ordered community service
- Two points added to your driving record
- Substance abuse screening at your expense
If you gather 12 or more points within a two-year period, your driver’s license could face suspension.
Comparing Michigan’s Open Container Law vs. Other States
| State | Allowed for Passengers? | Allowed in Taxis/Limos? | Fines/Penalties |
|---|---|---|---|
| Michigan | No | Yes | Up to $500 fine, 93 days jail, 2 points |
| Ohio | No | No | Up to $150 fine, possible jail time |
| Illinois | No | Yes | Up to $1,000 fine, possible license suspension |
| California | No | Yes | Up to $250 fine for passengers |
| Texas | No | No | Up to $500 fine, possible jail time |
Can You Be Charged with an Open Container Violation in a Parked Car in Michigan?
Yes, in Michigan, you can be charged with an open container violation even if the vehicle is parked. The law prohibits both drivers and passengers from possessing an open container of alcohol anywhere inside a vehicle on a public road or in an area open to the general public. (source)
Law enforcement may consider:
- Location of the vehicle – If the car is parked in a public place such as a street, parking lot, or rest area, the law still applies.
- Accessibility of the container – If an officer sees an open container within reach of the driver or passengers, they may issue a citation.
- Signs of alcohol consumption – Even if the vehicle is off, an officer may investigate further if they observe intoxicated behavior or the smell of alcohol.
How Does Michigan’s Open Container Law Apply to Passengers in Ride-Share Vehicles?
In Michigan, Michigan’s open container law prohibits both drivers and passengers from possessing or transporting open alcoholic beverages in the passenger area of a vehicle.
Can passengers drink alcohol in an Uber or Lyft in Michigan?
No, passengers in ride-share vehicles such as Uber or Lyft are not exempt from Michigan’s open container law. While taxis, limousines, and buses are legally allowed to transport passengers with open alcohol containers, ride-share services do not fall under the same category.
Passengers in an Uber or Lyft cannot possess an open container of alcohol, and both the passenger and driver may be ticketed.
What Happens When You’re Charged with an Open Container Violation in Michigan?
In Michigan, an open container violation is a misdemeanor carrying potential penalties including a fine (up to $500), jail time (up to 93 days), and points on your driving record, as well as the possibility of community service and substance abuse screening.
What Should You Do if Charged with an Open Container Violation?
If you’ve been cited for violating Michigan’s open container law, you may have legal options to fight the charges, including:
- Challenging the evidence – Was the container accessible while driving?
- Questioning the traffic stop – Did the officer have probable cause to search the vehicle?
- Seeking legal representation – A criminal defense lawyer can fight for a dismissal or reduced penalties.
Facing an Open Container Charge? Contact D.G. Moore Law Today
If you are facing an open container charge in Michigan, you need legal representation immediately to protect your record and minimize the consequences.
- Call now for a FREE consultation at 269-808-8007.
- Visit D.G. Moore Law to learn more about your defense options.
- Secure the best defense before it’s too late.
Resources:
- Michigan Legislature – Open Container Law
- Michigan Secretary of State – Driving Record Points
- Michigan State Police – OWI Laws
- Michigan Liquor Control Commission – Alcohol Laws
Further Reading:
- Can Police Search Your Car Without a Warrant in Michigan?
- Can You Get a DUI on a Bike in Michigan?
- What is the Legal Drinking Limit for Michigan BAC?
- How Much Does a Criminal Defense Lawyer Cost in Michigan?
