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Open Container

AS 28.35.029 — no open alcohol in the passenger area, a broken seal counts, and an infraction

A person may not drive with an open bottle, can or other container of alcohol in the passenger compartment, which is the area where the driver and passengers sit and includes a glove or utility compartment either of them can reach while driving. A broken seal makes it open.

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Who handles this in Alaska: Alaska Bar Association Lawyer Referral Service; and legal aid programs and the state offices, listed in the Alaska directory.

  • In the trunk.
  • On a motor driven cycle, or behind the last upright seat of a motor home, station wagon or hatchback, if it is inside another container.
  • Behind a solid partition between the driver and the passengers.
  • With a passenger in a paid vehicle that holds 12 or more people.

Driving with an open container where the law does not allow it is an infraction.

Sources for this section (1)
  1. AS 28.35.029 — Open container

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alaska attorney.

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