Drinking at the Wheel

Neither the driver nor a passenger may possess an open alcoholic beverage container, or drink, in the passenger area of a motor vehicle while it is operated on a public highway or right of way.

• §La. R.S. 32:300StatutePossession of alcoholic beverages in motor vehiclesOpens legis.la.gov ↗

• A frozen drink is not an open container unless the lid is off, a straw sticks out, or some has been drunk.
• The passenger area includes the glove compartment, but not a locked glove compartment or the space behind the last upright seat.
• A container in the trunk is outside the rule, and so are paid fare passengers on a common, contract or public carrier, passengers in a limousine with a commercially licensed driver, riders on a parade float, and passengers in a motor home over 21 feet long.
• A cup that does not show on its face that it holds alcohol is not, by itself, a reason for an officer to stop and question someone.

• §La. R.S. 32:300StatutePossession of alcoholic beverages in motor vehiclesOpens legis.la.gov ↗

The fine is not more than $100, plus court costs. The person is not taken into custody, but deposits the license or signs a promise to appear, and the violation is kept off the driving record.

• §La. R.S. 32:300StatutePossession of alcoholic beverages in motor vehiclesOpens legis.la.gov ↗