Open Containers in a Vehicle
HRS 291-3.1 — up to $2,000 for a driver with an open container; a passenger's is a petty misdemeanor
No one drinks intoxicating liquor while operating a motor vehicle or moped on a public street, road or highway, or has in their possession while operating one any bottle, can or other container of liquor that has been opened, had its seal broken, or had some of its contents removed. A driver who does either faces a fine of up to $2,000, up to 30 days in jail, or both.
Who handles this in Hawaii: Hawaii State Bar Association, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Hawaii directory.
A passenger in a motor vehicle, or on a moped, on a public road who drinks liquor or possesses an opened container commits a petty misdemeanor.
- An opened container may be kept in the trunk, or where the vehicle has no trunk, in an area not normally occupied by the driver or passengers. A glove or utility compartment counts as inside the passenger area.
- The storage rule does not reach a recreational or other vehicle with no separate trunk.
- No one drinks liquor at a scenic lookout. Breaking the storage or lookout rule is a violation.
Sources for this section (3)
- HRS 291-3.1 — Consuming or possessing intoxicating liquor while operating motor vehicle or moped
- HRS 291-3.2 — Consuming or possessing intoxicating liquor while a passenger in a motor vehicle
- HRS 291-3.3 — Storage of opened container containing intoxicating liquor or consumption at scenic lookout
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.