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Open Container

Idaho Code § 23-505 — no open alcohol in the car, a misdemeanor for the driver and an infraction for passengers

No open container on the road. No person in a motor vehicle on a public highway or its right-of-way may drink or possess an open container of liquor, beer or wine, except a passenger in a vehicle carrying passengers for hire or in the living quarters of a recreational vehicle.

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An unsealed container may be carried in an enclosed trunk, or behind the last upright seat of a vehicle with no trunk.

The driver, and the passengers. A violation is a misdemeanor for the person in actual physical control of the vehicle, and an infraction for anyone else.

Sources for this section (1)
  1. Idaho Code § 23-505 — Transportation of alcoholic beverages

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

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