Michigan's Open Container Law: Alcohol in a Vehicle

Michigan's open container law, MCL 257.624a, bars a driver or passenger from transporting or possessing alcohol in a container that is open, uncapped or has a broken seal within the passenger area of a vehicle on a highway, or within the passenger area of a moving vehicle in any place open to the public or generally accessible to motor vehicles, including parking areas.^[1] A violation is a misdemeanor.^[1] A second statute, MCL 257.624b, goes further for people under 21: they may not knowingly transport or possess alcohol in a motor vehicle at all, open or sealed, unless an exception applies.^[3] This page covers both laws, the exceptions, the penalties and their effect on the driving record.

What the open container law prohibits

The offense has four parts, each taken from the statute's words.^[1]

• Who: "a person who is an operator or occupant," so passengers are covered as well as the driver.^[1]
• What: alcoholic liquor in a container that is open or uncapped, or upon which the seal is broken.^[1]
• Where in the vehicle: the passenger area, meaning the area designed to seat the driver and passengers while the vehicle is in operation, any area readily accessible to them from their seats, and the glove compartment.^[6]
• Where the vehicle is: on a highway, or, if the vehicle is moving, in any place open to the general public or generally accessible to motor vehicles, including parking areas.^[1]

The last part has a detail people miss. On a highway, the ban applies whether or not the vehicle is moving; in a parking lot or similar place, the statute's wording applies it to "a moving vehicle."^[1]

The exceptions

• No trunk. If the vehicle does not have a trunk or compartment separate from the passenger area, an open container may be carried in a locked glove compartment, behind the last upright seat, or in an area not normally occupied by the driver or a passenger.^[2] A "glove compartment" for this purpose is a recess with a hinged and locking door in the dashboard.^[6]
• Chartered vehicles. The law does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.^[2]
• Commercial quadricycles. Unless prohibited by local ordinance, the ban does not apply to a passenger on a commercial quadricycle, but such a passenger may carry only beer, wine, spirits or a mixed spirits drink.^[2][6]

Practical point: the simplest way to stay within the law with an opened bottle, such as wine from a restaurant, is to put it in the trunk before driving.

Penalty, points and license

A violation of section 624a is a misdemeanor, and as part of the sentence the court may order community service and substance abuse screening and assessment at the person's own expense.^[1] Section 624a does not set its own maximum jail term or fine.^[1] The Vehicle Code's general penalty section says that, unless another penalty is provided by the Vehicle Code or other Michigan law, a person convicted of a Vehicle Code misdemeanor is punishable by a fine of up to $100, up to 90 days in jail, or both.^[7] No case applying that section to open containers was found for this guide.

An open-container conviction carries 2 points on the driving record.^[4] The Secretary of State suspends the license for an open-container or under-21 transport conviction only when the person has a prior conviction for one of those offenses.^[5] With 1 prior, the suspension is 90 days, with a restricted license possible after the first 30 days; with 2 or more priors, it is 1 year, with a restricted license possible after 60 days.^[5]

Open-container convictions also count as "prior judgments" if the person is later charged with minor in possession.^[8] They are not on the list of prior convictions used to enhance a later OWI.^[9]

Open containers and an OWI charge

For other offenses that can arise from the same traffic stop, see charges often filed alongside OWI. When a driver is charged only with the under-21 zero-tolerance offense, the court may not accept a guilty or no-contest plea to open intoxicants from that person.^[10] Under Michigan's marijuana law, the recreational act does not authorize smoking marijuana in the passenger area of a vehicle on a public way, or consuming marijuana while operating a vehicle.^[11] Details are on marijuana and driving.

Drivers and passengers under 21: MCL 257.624b

For people under 21, the rule is broader. A person under 21 may not knowingly transport or possess alcoholic liquor in a motor vehicle as a driver or passenger, whether or not the container is open.^[3] There are two exceptions.^[3]

• A person employed by a liquor licensee, a designated common carrier, the Liquor Control Commission or its agent who is transporting or holding the alcohol in a vehicle under the person's control during regular working hours and in the course of employment.^[3]
• The law does not prevent a person under 21 from knowingly transporting alcohol in a motor vehicle if a person at least 21 years old is present inside the vehicle.^[3]

A violation is a misdemeanor, and the court may order community service and substance abuse screening and assessment at the person's own expense.^[3] The conviction carries 2 points.^[4] When police determine that a person under 18 allegedly violated section 624b, the agency must notify a parent, custodian or guardian within 48 hours if one can reasonably be identified.^[12]

The vehicle can be affected too. After a 624b conviction of the driver becomes final, the officer may, within 30 days, ask the court to impound the vehicle; after a show-cause hearing the court may order it impounded for 15 to 30 days if the under-21 driver had the owner's express or implied consent or knowledge and the owner does not need it for work or business.^[13] Transferring title to avoid that is a civil infraction with a fine of up to $100.^[13]

Section 624b is separate from the zero-tolerance driving offense, which concerns alcohol in the driver's body rather than in the vehicle; see the under-21 zero-tolerance law, minor in possession of alcohol and the guide for parents.