Open alcoholic beverage containers

Kentucky law makes it an offense to have an open container of alcohol in the passenger area of a motor vehicle on a public highway or its right-of-way. Separate laws cover drinking in public places and being intoxicated in public.

Open containers in a vehicle

The rule in KRS 189.530 applies to anyone in the vehicle, driver or passenger. An open container is any bottle, can or other receptacle that holds any amount of an alcoholic beverage and is open, has a broken seal or has had some of its contents removed. Beer, wine and distilled spirits all count.

The passenger area is where the driver and passengers sit, plus any place within reach from a seat, including an unlocked glove compartment. It does not include a locked glove compartment. In a vehicle with no trunk, it also does not include the space behind the last upright seat or an area not normally occupied by the driver or a passenger. The fine is $35 to $100.

Exceptions

The law does not apply to a person who is only a passenger, and not the driver, in:

• A vehicle used mainly to carry people for pay, such as a bus, taxi or limousine.
• A recreational vehicle, motor home or motor coach.

Drinking and intoxication in public

Under KRS 222.202 it is an offense to drink an alcoholic beverage in a public place. That includes a vehicle commonly used to carry passengers, and a depot, platform or waiting room. It is a separate offense, called alcohol intoxication, to appear in a public place plainly under the influence of alcohol to the degree that you may endanger yourself, other people or property, or unreasonably annoy people nearby.

A first or second offense carries a fine of at least $25. A third or later offense within 12 months carries a fine of $25 to $100, five to 90 days in jail, or both, and the court may also order a treatment or education program.

Public intoxication under KRS 525.100 is a different charge. It applies to a person who is in public under the influence of a controlled substance or other intoxicating substance, not alcohol alone. It is a Class B misdemeanor, which carries up to 90 days in jail.

One incident, one charge

A person cannot be convicted of both the open container offense and a public drinking or intoxication offense for the same course of conduct. The prosecutor chooses which statute to proceed under. Cities and counties may have their own ordinances on alcohol in parks, streets and public events, and those rules vary from place to place.