Open Container
Va. Code 18.2-323.1 — drinking while driving, and what an open container presumes
In Virginia, the offense is the driver consuming an alcoholic beverage while driving on a public highway. An open container is not itself the offense; it creates a rebuttable presumption that the driver has been drinking when it is in the passenger area, some of the drink is gone, and the driver's appearance, conduct, odor, speech or other characteristics can reasonably be associated with drinking.
The passenger area includes the driver's seat, anywhere within the driver's reach including an unlocked glove box, and the passenger seats, but not the trunk, the area behind the last upright seat, a motor home's living quarters, or a bus, taxi or limousine carrying passengers for pay. A violation is a Class 4 misdemeanor, a fine of not more than $250.
Sources for this section (2)
- Va. Code 18.2-323.1 — Drinking while operating a motor vehicle; possession of open container
- Va. Code 18.2-11 — Punishment for conviction of misdemeanor
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.