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HomeVehicle CodeDiv. 11Ch. 12Art. 2§ 23223 Open Alcohol In Vehicles

§ 23223 Open Alcohol In Vehicles

Vehicle Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 23223 Open Alcohol In Vehicles

This law says you can't have an open alcohol container in a car, whether you're the driver or a passenger.

Key Takeaways

  • •No open alcohol containers are allowed in a car, whether you're driving or just riding along.
  • •This includes bottles, cans, or any other container that has been opened or had some of its contents removed.
  • •The law applies to all roads and public lands where cars are allowed.

Example

You and your friends are driving home from a party, and one of them has an open beer bottle in their hand.

Even if they're not drinking it right then, just having the open bottle in the car is against the law.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 23223 Open Alcohol In Vehicles

(a) A driver shall not have in the driver’s possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed. (b) A passenger shall not have in the passenger’s possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed. (Amended by Stats. 2019, Ch. 497, Sec. 275. (AB 991) Effective January 1, 2020.)

Last verified: January 9, 2026

Key Terms

driverpassengeralcoholic beverageopenedseal brokenpartially removedmotor vehiclehighway

Related Statutes

  • § 23226 Open Alcohol In Vehicles
  • § 23220 Off-Road Drinking And Marijuana
  • § 21710 Downhill Coasting Prohibition
  • § 23215 Dui Enforcement Off Highways
  • § 23221 Driving Under Influence Prohibited

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Vehicle Code. Section 23223.
View Official Source