An open bottle of wine after dinner or a half-finished beer riding in the back seat might seem harmless, but it could get you in trouble on Wyoming roads.
Wyoming’s open container law applies to drivers and passengers. It makes it illegal to consume or possess an open alcoholic beverage in a moving vehicle on a public highway.
Unfortunately, violations can result in fines and, for repeat offenses, even jail time. And if an officer finds alcohol during a traffic stop, you could face questions about possible driving under the influence impairment.
What Does Wyoming’s Open Container Law Prohibit?
Wyoming Statute § 31-5-235 prohibits anyone from consuming, transporting, or possessing an alcoholic beverage in a motor vehicle while it’s moving on a public street or highway. However, there are a few statutory exceptions.
This restriction covers drivers and passengers. It does not matter whether you’re the person driving or sitting in the back seat. If you have an open beer, partially consumed bottle of wine, or other alcoholic beverage in the passenger compartment, that can result in a citation.
Along with that, the law applies to public streets and highways, including during holiday travel and routine trips around town.
Can Passengers Have Open Containers in Wyoming?
In most cases, no. Wyoming’s open container law also applies to passengers in private vehicles the same as drivers.
However, there is an exception for passengers riding in the passenger area of a vehicle designed, maintained, or used to transport passengers for compensation. This can include limousines, taxis, and buses.
With that, the exception doesn’t give the driver permission to drink or keep alcohol within the driver’s zone of control.
Where Can You Legally Store Alcohol in a Vehicle?
Wyoming law has a few exceptions for transporting alcoholic beverages. These include:
- Original sealed containers: You can transport alcohol in its original unopened packaging with the seal intact.
- The trunk: You can store open containers in the trunk or another outside compartment that isn’t accessible to anyone inside the moving vehicle.
- Pickup truck beds: You can transport alcohol in the unoccupied back of a pickup truck, out of the driver’s reach.
- Certain rear compartments: An unoccupied rear compartment may qualify if the vehicle doesn’t have a trunk or outside compartment and the storage area is not accessible to the driver.
- Recreational vehicles: Alcohol can be stored in a secured RV cabinet or compartment that is not accessible to the driver. The driver or passengers cannot access it while the vehicle is moving.
What Are the Penalties for an Open Container Ticket?
The penalties can increase with repeat convictions within a one-year period.
- A first conviction carries a fine of up to $200.
- A second conviction within one year carries a fine of up to $300, up to 30 days in jail, or both.
- Third or subsequent conviction within one year may result in a fine of up to $500, up to six months in jail, or both.
Some incorporated municipalities may also have their own open container ordinances. The state statute does not apply within a municipality that has adopted a qualifying ordinance. In short, local laws may affect how an open container violation is handled.
Can an Open Container Lead to a DWUI Investigation?
An open container violation does not automatically mean you’ve committed DWUI. However, finding alcohol inside a vehicle can lead to an officer investigating whether the driver has been drinking.
During a traffic stop, an officer may look for additional signs of impairment, ask questions about alcohol consumption, or conduct field sobriety testing when legally justified. Under Wyoming’s DWUI statute, you cannot drive or have actual physical control of a vehicle while under the influence to the point that you’re incapable of driving safely, or with an alcohol concentration of 0.08% or higher.
An open container ticket and a DWUI charge are separate issues, but the circumstances surrounding one can affect the other. This is why you want to have an experienced DWUI defense lawyer on your side.
Frequently Asked Questions
Can passengers drink alcohol in a car in Wyoming?
Passengers in private vehicles cannot consume or possess open alcoholic beverages while the vehicle is moving on a public street or highway. An exception can apply to passengers in vehicles that are used for transportation for compensation.
Is an open container ticket the same as a DWUI charge?
An open container violation and a DWUI charge are separate offenses. But an open container discovered during a traffic stop may lead an officer to investigate whether the driver is impaired.
Can I fight an open container ticket in Wyoming?
Yes, some defenses may involve where the alcohol was stored, whether a statutory exception applied, or whether the vehicle was moving on a public road. An experienced criminal defense attorney can review the facts and explain your options.
What Should You Do If You Receive an Open Container Ticket?
Wyoming’s open container law can lead to fines and possible jail time. And sometimes, it could lead to a DWUI charge. You will want to reach out to a Wyoming criminal defense attorney. They can look at your situation and see whether the citation could affect a separate DWUI investigation or charge.
Are you facing an open container ticket in Wyoming? At Just Criminal Law, we can help you take those next steps in your case. Contact our office to request a free consultation before your court date.
