What Are Michigan's Open Container Laws?

Michigan has strict laws regarding the possession and transport of open alcoholic beverages. Under MCL 257.624a, it is illegal to possess an open container of alcohol in a motor vehicle. This applies whether you are the driver or a passenger in the vehicle.

The law defines an open container as:

• A bottle, can, or other receptacle that has been opened.
• A container with a broken seal.
• A container where some of the contents have been removed.

Essentially, if the alcohol is accessible and not sealed, it could result in a legal issue.

What Happens if You Violate Open Container Laws?

Violating the open container law is a misdemeanor in Michigan. If convicted, you could face:

• A fine of up to $500.
• Possible jail time of up to 93 days.
• Points on your driver’s license.
• Possible probation, including community service or alcohol education programs.

These charges may not seem severe, but having a misdemeanor on your record can impact job prospects and other aspects of your life.

Any Exceptions to the Rule?

There are a few exceptions to Michigan’s open container law. These include:

• A registered limousine, party bus, or chartered vehicle where alcohol consumption is permitted for passengers.
• If the open container is in the trunk of the vehicle or an area not accessible to passengers.
• Motorhomes or campers, where passengers can legally have an open alcoholic beverage in designated living areas.

However, these exceptions do not apply if you're simply riding in the backseat of a regular car.

Can You Walk Around with an Open Container in Public?

Many people assume they can carry a drink with them while moving from bar to bar, but in most Michigan communities, this is illegal. Open container restrictions extend to public spaces, meaning you can’t legally walk around drinking alcohol unless you are in a designated area, such as certain festival zones where permits allow public consumption.

Specific city ordinances on open containers vary, so check local laws before taking your drink outside.

How to Avoid Legal Trouble This St. Patrick's Day

1. Keep Alcohol Sealed and in the Trunk

If you buy alcohol and need to transport it, make sure it’s sealed and placed in the trunk or a secured area not accessible to passengers.

2. Use Rideshare Services

One of the easiest ways to avoid an open container charge is by using a ride service like Uber or Lyft, where you won’t have to worry about alcohol in your vehicle.

3. Don't Take Drinks Outside

Even if you're leaving a bar to walk to another, finish your drink inside. Carrying an open beverage outside can lead to citations or worse.

4. Designate a Sober Driver

If you must drive, have a designated driver who remains alcohol-free for the night.

What to Do If You’re Caught with an Open Container

If you've been cited for an open container violation, you may have defenses available to fight the charge. Hiring an experienced criminal defense lawyer can make all the difference in minimizing fines, avoiding a conviction, or even having your case dismissed.

Attorney Aaron J. Boria has successfully represented individuals charged with open container violations and other alcohol-related offenses throughout Michigan. If you need legal help, call (734) 453-7806 today for a free consultation.

For more information about Michigan criminal defense laws, visit our homepage.

Final Thoughts

St. Patrick’s Day should be about fun, not legal trouble. Understanding Michigan’s open container laws can help you enjoy the festivities without an unwanted run-in with the police. Keep alcohol in the right place, avoid drinking in public streets, and always have a responsible plan to get home safely.

If you or someone you know is facing charges, don’t take risks—get legal help immediately. Call Attorney Aaron J. Boria at (734) 453-7806 for expert advice and aggressive defense.