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Open Containers in the Car

C.R.S. 42-4-1305 — no drinking or open alcohol in the passenger area, a class A traffic infraction and a $50 fine

In the passenger area of a vehicle on a public highway or its right of way, no one may knowingly drink alcohol or have an open container. The passenger area includes the glove compartment.

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Who handles this in Colorado: legal aid programs and the state offices, listed in the Colorado directory.

  • Passengers, other than the driver or front seat passenger, in a vehicle for hire are outside the rule.
  • So are passengers in the living quarters of a motor home or trailer coach.
  • So is an open container behind the last upright seat, or in an area not normally occupied, in a vehicle with no trunk.
  • C.R.S. 42-4-1305

A violation is a class A traffic infraction with a fine of $50 and a surcharge of $16.

  • C.R.S. 42-4-1305
Sources for this section (1)
  1. C.R.S. 42-4-1305 — Open alcoholic beverage container - motor vehicle - prohibited

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

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