What Is Idaho's Open Container Law Regarding Alcohol in Vehicles?

When most people think about DUI laws in Idaho, they picture driving under the influence of alcohol or drugs. But what many drivers overlook are the laws around open containers of alcohol in a vehicle. You don't have to be intoxicated or even drinking at the time to run into legal trouble. Just having an open beer can or bottle of wine within reach while driving—or even parked—could be enough to land you a misdemeanor under Idaho's open container laws.

In this blog post, we break down Idaho's open container rules, what qualifies as a violation, who can be held responsible, and how it all ties into the broader DUI enforcement landscape in Boise and across the state.

What Is an Open Container?

In Idaho, an “open container” refers to any bottle, can, or other receptacle containing an alcoholic beverage that:

• Has been opened,

• Has a broken seal, or

• Has had some of its contents removed.

This means even a bottle of wine with the cork pushed in, a travel cup containing liquor, or a re-capped beer bottle counts as an open container under the law. The law applies to any alcoholic beverage, including beer, wine, and spirits.

Idaho's Open Container Law: The Basics

Idaho Code § 23-505 and related statutes prohibit the possession of an open container of alcohol in the passenger area of a motor vehicle located on a public highway or the right-of-way of a public highway.

Key takeaways:

• Passenger area includes the driver's seat, front and rear seats, and any area readily accessible to occupants.

• Applies whether the vehicle is moving or parked.

• Citations can be issued even if the driver is not intoxicated.

The law exists to reduce drunk driving by limiting opportunities for drinking in transit or impaired decision-making once on the road.

Where Can You Legally Store an Open Container?

Open containers are permitted in certain parts of the vehicle, as long as they are inaccessible to the driver and passengers:

• Trunk of the vehicle

• Behind the last upright seat (in a vehicle without a trunk)

For example, if you're transporting leftover wine from a dinner party, your best bet is to cork it and place it in your trunk—not the back seat.

What Are the Penalties for Violating Idaho's Open Container Law?

A violation of the open container law is considered a misdemeanor offense in Idaho. Penalties may include:

• Fines up to $1,000

• Up to 6 months in jail (though jail time is rarely imposed for first-time violations)

• Court costs and fees

• IF the passenger is the one found to be in possession of the open container, the charge is only an infraction rather than a misdemeanor

While this may seem minor compared to a DUI, it creates a criminal record, which can have long-term consequences for employment, housing, and travel.

Does It Matter Who Owns the Alcohol?

Yes, but the open container law applies to everyone in the vehicle—not just the driver. If a passenger is holding an open beer can while the car is in motion or parked on a public road, both the passenger and the driver could face legal consequences. Those consequences are much less for the passenger than for the driver, however. The passenger would only be charged with a citation, similar to a speeding ticket, while the driver could be charged with a misdemeanor.

Additionally, the driver is often held responsible for what's happening in the vehicle. Even if a friend brings in an open bottle and starts drinking without your knowledge, you could still end up with a citation.

Exceptions to the Rule

There are limited exceptions to Idaho's open container law:

1. Commercial transport: Licensed alcohol distributors and delivery services are allowed to transport open containers as part of their operations.

2. Passengers in certain vehicles: Passengers in limousines, buses, and RVs may be allowed to consume alcohol, provided the drinking area is physically separated from the driver.

3. Alcohol in the original manufacturer-sealed container: If a bottle is still sealed and unbroken, it is not considered an open container, even if it's in the passenger area.

However, these exceptions are narrow, and the safest option is to always store alcohol in the trunk or an area not accessible to passengers.

How Does an Open Container Violation Relate to a DUI?

While an open container violation isn't the same as a DUI, it can trigger a DUI investigation. Officers who spot alcohol in your vehicle may be more likely to:

• Conduct field sobriety tests

• Administer a breathalyzer

• Extend the duration of a stop

In court, the presence of open containers may also be used as circumstantial evidence in a DUI case, even if you weren't drinking at the time of the stop.

Tips for Avoiding Violations

1. Transport alcohol in the trunk—no exceptions.

2. Don't let passengers drink in your car, even if you're not drinking.

3. Dispose of leftover alcohol before driving, or reseal and store it properly.

4. If using a rideshare or RV, verify that open containers are allowed in the passenger area.

Final Thoughts

Idaho's open container laws may not carry the same penalties as a DUI, but they can still lead to criminal charges, fines, and complications down the line. They also frequently act as a gateway for deeper DUI investigations. Whether you're commuting in Boise, heading to a tailgate, or just transporting leftovers from a dinner out, being mindful of where alcohol is stored in your vehicle can make all the difference.

Understanding and respecting Idaho's open container rules is a practical way to avoid unnecessary legal trouble—and to keep yourself and others safe on the road. If you end up with a citation or misdemeanor for open container, feel free to give us a call or schedule a free consult online to see how we can help.