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Drinking While Driving

ORS 811.170 — no drinking and no open container in the cabin, and the trunk is the exception

In a motor vehicle on a highway, no one may drink alcohol or possess an opened container of it. The registered owner, or the driver if the owner is not there, may not keep an opened container in the vehicle.

  • ORS 811.170
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The trunk, not the glove box. An opened container in the trunk, or in an area not normally occupied by anyone if there is no trunk, is allowed. A glove compartment or utility compartment counts as the area the driver and passengers occupy.

  • ORS 811.170

It does not apply to the living quarters of a camper or motor home, or to passengers in a common carrier used mainly to carry passengers for hire. It is a Class B traffic violation.

  • ORS 811.170
Sources for this section (1)
  1. ORS 811.170 — Violation of open container law

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

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