Georgia Open Container Law: Is It a Misdemeanor or Felony?

Under Georgia law, an open container violation is a misdemeanor traffic offense – never a felony. It happens when a driver has an open alcoholic drink in the passenger area of a vehicle on a public road. The statute sets out the definitions, the exceptions, and the penalties.

Many drivers ask: is an open container a misdemeanor, or something worse? The answer is straightforward. Georgia classifies this offense as a misdemeanor. The maximum fine is $200. A conviction also adds 2 points to the driver's license through the Georgia Department of Driver Services. The charge shows up on your driving record. That can stack up fast for young drivers, or for anyone facing other charges. Georgia passed these laws to cut down on wrecks caused by drivers reaching for a drink.

What Is Considered an Open Container in Georgia?

An "open alcoholic beverage container" is any bottle, can, or other container that holds an alcoholic beverage. The container must be open, have a broken seal, or have had its contents partially removed. The statute covers beer, ale, wine, and spirits – any drink with one-half of 1 percent or more alcohol by volume.

The law focuses on where the container is located. The "passenger area" is the space designed to seat the driver and passengers while the vehicle runs. It includes any area readily accessible to those seated. This includes an unlocked glove compartment, cup holders, the floor, and open console storage.

But certain locations inside the vehicle are exempt. A locked glove compartment is not part of the passenger area under the statute. Containers stored in the trunk are also outside the passenger area. In vehicles without a trunk – such as sport utility vehicles, hatchbacks, and station wagons – the area behind the rearmost upright seat is exempt.

A bottle of wine resealed by a restaurant does not count as an open container under the statute. So you can take a partly finished bottle home. The restaurant just has to reseal it before you leave.

Is Open Container a Felony in Georgia, or a Misdemeanor?

An open container violation in Georgia is always a misdemeanor. It does not matter whether the driver has prior open container convictions or other traffic offenses on record. The charge itself never rises to felony level.

This confusion often arises because open container charges accompany DUI arrests. Even when a driver faces both charges, the open container offense remains a separate misdemeanor. The DUI charge may eventually become a felony. A fourth DUI conviction within ten years is a felony. But the open container portion stays a misdemeanor regardless.

Drivers also ask: is open container a DWI? Georgia does not use the term "DWI." The state calls its impaired driving offense "DUI" (driving under the influence). An open container violation is not a DUI. It is a distinct charge that penalizes possession of an open alcoholic beverage in the passenger area. This applies whether or not the driver is impaired. A person can receive an open container citation without any evidence of intoxication. Likewise, a person can be charged with DUI without an open container present. When both charges arise from the same traffic stop, they are prosecuted separately with separate penalties.

Penalty for Open Container Violations in Georgia

A standalone open container conviction in Georgia carries limited but meaningful penalties.

Fine. The maximum fine is $200. The court may impose any amount up to that ceiling. Court fees and surcharges may add to the total cost.

Points on your license. The Georgia Department of Driver Services assesses 2 points against the driver's license for an open container conviction. Points add up over time. An adult driver who reaches 15 or more points in any 24-month period has the license suspended. Drivers under 21 are on a tighter leash, but the trigger is different: a single conviction carrying four or more points suspends an under-21 license. Open container carries 2, so on its own it does not reach that line.

No jail time for standalone charges. A standalone open container conviction typically does not result in jail time or probation. But the picture changes when the charge rides along with a DUI or another crime. That can mean jail time on the other charge.

Insurance impact. A misdemeanor traffic conviction with points on the driving record may increase auto insurance rates. Insurance companies review motor vehicle records. Even a 2-point violation can affect premiums for several years.

Classification. The offense is a misdemeanor traffic violation. It is not a felony, and it is not a simple civil ticket.

Penalties are one worry. A lasting mark on your record is the other.

Does an Open Container Go on Your Record in Georgia?

Yes. The clearest mark is on the motor vehicle record (MVR) kept by the Georgia Department of Driver Services. The 2 points count against the license for 24 months. Open container is also a misdemeanor, so where the driver was arrested and fingerprinted – which usually happens only when the charge rides along with a DUI or another arrest charge – the case can also reach the criminal history record kept by the Georgia Crime Information Center.

Any employer who pulls a driving record will see the conviction. A criminal background check may show it too, depending on how the case was charged. This can matter for job applications, professional licensing, and other situations where background checks are standard.

Georgia law does provide a path to restrict certain criminal records from public view. Record restriction is Georgia's equivalent of expungement. It may be available if the charge was dismissed, the person was acquitted, or the case was otherwise resolved without a conviction. A conviction itself generally cannot be restricted from the criminal history record. Did your case end well, with a dismissal or with the State dropping it? Ask a Georgia criminal defense lawyer whether the record can be restricted.

Open Container in the Trunk and Other Exceptions

Georgia law recognizes several situations where possessing an open alcoholic beverage in a vehicle is not a violation. These exceptions focus on the container's location and the type of vehicle involved.

Open container in trunk. An open container in the trunk sits outside the "passenger area" the statute defines. This is the simplest legal way to carry an open bottle of wine home. A bottle in the trunk is not within reach of anyone in a seat.

Behind the last upright seat. Vehicles without a separate trunk – including sport utility vehicles, hatchbacks, and minivans – have a specific exemption. The area behind the rearmost upright seat is not part of the passenger area. Drivers of these vehicles can place open containers behind the back seat to comply with the law. The cargo area in an SUV may feel like part of the cabin, but it is legally distinct.

Locked glove box. A locked glove box falls outside the passenger area. An open container stored inside one does not break the law.

Vehicles for hire. Passengers – not drivers – in taxis, limousines, rideshare vehicles, and buses used for paid transportation are exempt. The driver of such a vehicle is not exempt.

Motor homes. Passengers in the living quarters of a motor home or house trailer are also exempt. This exception does not apply to the driver's area or the cab of the vehicle.

As a practical example, leftover wine from a restaurant that has been resealed is legal to transport. Place it in a locked glove compartment, the trunk, or behind the last upright seat.

What to Do After an Open Container Ticket in Georgia

A citation is not a conviction. What you do in the first few weeks matters.

Read the citation. It lists the court, the date, and the charge. Write the court date down. Missing it can bring a bench warrant and a separate license suspension for failure to appear.

Do not just pay the fine. Paying a traffic fine by mail is usually treated as a guilty plea. That closes the case, puts the conviction on your record, and adds the points.

Write down what happened. Where was the container? Was the car yours? Was anyone else in it? Was the bottle sealed, resealed, or open? These details decide most open container cases, and memory fades fast.

Keep the receipt. If a restaurant resealed a bottle of wine for you, the receipt and the seal support the exception in the law.

Talk to a lawyer before the court date. These cases are often handled in busy municipal courts, where the first appearance sets the tone. A lawyer can ask the prosecutor to reduce or drop the charge – especially when it rides along with a more serious case.

Open Container Charges in Atlanta and Metro Courts

Metro Atlanta drivers see this charge in city and county courts across the region. A stop inside the city limits may send the case to Atlanta Municipal Court. A stop elsewhere in Fulton, DeKalb, Cobb, or Gwinnett may send it to that county's state court instead.

The law is the same statewide. Local practice varies a great deal. Some prosecutors will consider reducing or dismissing a standalone charge for a driver with a clean record. Others leave it in place until the companion DUI is resolved. If your stop happened in the city, our page on an open container charge in Atlanta covers what to expect.

Common Defenses to a Georgia Open Container Charge

Several defenses may apply, depending on the facts. A defense lawyer can weigh which one fits your case.

Container was not in the passenger area. If the open container was in the trunk, behind the last upright seat, or inside a locked glove compartment, it falls outside the statute's reach. This is one of the most straightforward defenses available.

Container did not meet the statutory definition. The statute requires the container to hold an alcoholic beverage. If the bottle or can contained a non-alcoholic drink or was completely empty, it may not qualify. Similarly, a container that was properly sealed or resealed is excluded.

Driver was not in possession. Only the person who possesses or consumes the beverage may be charged. If a passenger held the open container and the driver was not alone in the vehicle, the driver may have a valid defense. The statute provides that a driver who is alone in the passenger area is deemed to possess any open container found there.

Unlawful traffic stop. Police need reasonable suspicion or probable cause to pull a car over. Without it, the stop may have been unlawful. Evidence found during that stop can be thrown out under the Fourth Amendment. That includes the open container. Without the container as evidence, the charge could be dropped.

Lack of proof the beverage was alcoholic. The prosecution must prove the container held an alcoholic beverage as defined by the statute. If no field test or lab analysis confirmed the contents, this element may be challenged.

Speak With a Georgia DUI and Open Container Defense Attorney

An open container charge may seem minor. But the points on your license, the hit to your insurance, and the mark on your record can last for years. A prompt legal review gives you the best chance to see whether the charge can be reduced or dropped.

Kohn & Yager LLC focuses on Georgia DUI and traffic defense. We know how the municipal and state courts across metro Atlanta handle open container charges and related open alcohol in vehicle offenses. Contact us for a free consultation to discuss your situation. Every case is different, and results depend on the specific facts and circumstances involved.

Frequently Asked Questions

Is an Open Container a Felony in Georgia?

An open container violation is always a misdemeanor in Georgia. It cannot be elevated to a felony regardless of prior convictions or other circumstances. The maximum penalty is a fine of up to $200 and 2 points on the driver's license.

Does an Open Container Charge Go on Your Driving Record in Georgia?

Yes. A conviction adds 2 points to your driving record through the Georgia Department of Driver Services, and those points count against you for 24 months. Because open container is a misdemeanor, it can also reach your criminal history where the case involved an arrest and fingerprinting. Either way, insurers who pull the driving record may raise your rate.

Can I Have an Open Container in the Trunk of My Car in Georgia?

Yes. The trunk is not part of the "passenger area" under Georgia law. Placing an open alcoholic beverage container in the trunk is legal. For vehicles without a trunk, the area behind the rearmost upright seat serves the same purpose.

How Many Points Does an Open Container Add to Your License in Georgia?

An open container conviction adds 2 points to your Georgia driver's license. Adult drivers face suspension at 15 or more points in any 24-month period. Drivers under 21 are suspended on conviction of a single offense carrying four or more points, so a 2-point open container charge does not trigger that suspension by itself.

Is an Open Container the Same as a DUI in Georgia?

No. An open container violation and a DUI are separate offenses with different elements and penalties. Open container penalizes possession of an open alcoholic beverage in the passenger area. DUI penalizes driving under the influence of alcohol or drugs. The two charges often arise together but are prosecuted independently.