California Open Container Law (2026): The Full Rule

California bans drinking alcohol while a vehicle is being driven, and separately bans possessing an open container while a vehicle is on a highway or certain off-highway lands, whether or not the vehicle is moving, for the driver and every passenger, split across several linked Vehicle Code sections: Section 23221 (drinking), Section 23222 (a driver's on-person possession), Section 23223 (driver-and-passenger possession), Section 23226 (keeping a container in the passenger compartment), and Section 23225 (the registered owner's storage duty). As of September 2026, this reflects the sections' current text.

Jurisdiction scope: This article addresses California's state open container law, covering driver and passenger drinking and possession, under Vehicle Code Sections 23221, 23222, 23223, 23225, 23226, and 23229. It does not address DUI charges, local city or county ordinances, or rules for boats. For California's separate DUI penalties, see California DUI laws.

What California's Open Container Law Prohibits

California splits its open container rule across several Vehicle Code sections instead of one. Section 23221 bans drinking: a driver "shall not drink any alcoholic beverage ... while driving a motor vehicle upon a highway," and a passenger "shall not drink any alcoholic beverage ... while in a motor vehicle being driven upon a highway." A violation of Section 23221 is an infraction.

Separately, Section 23223 bans a driver or a passenger from having an open alcoholic beverage container in their possession while the vehicle is on a highway or on certain off-highway lands defined in Section 23220(c). Section 23222 adds a narrower rule aimed only at the driver: it bans carrying an open container in their possession on their own person while driving on a highway or on those same off-highway lands.

Section 23226 addresses where the container sits rather than who is carrying it: while the vehicle is on a highway or on those same off-highway lands, it is unlawful for a driver to keep an open container in the passenger compartment, and a parallel provision extends the same duty to a passenger, with an exclusion for the living quarters of a housecar or camper.

Who the Law Applies To

The drinking ban in Section 23221 and the possession bans in Sections 23223 and 23226 all reach both the driver and every passenger. There is no exemption for a passenger simply because they are not driving. Section 23222's on-your-person possession rule is narrower and applies only to the driver.

The Registered Owner's Storage Duty

Vehicle Code Section 23225 puts a further duty on the vehicle's registered owner, and on the driver when the owner is not present, while the vehicle is on a highway or on certain off-highway lands defined in Section 23220(c): any open alcoholic beverage container must be kept in the trunk. In a vehicle with no trunk, the container must go in an area not normally occupied by the driver or passengers, and a glove compartment or another utility compartment does not qualify as that area. That trunkless rule applies to an ordinary vehicle; a trunkless off-highway motor vehicle subject to identification instead has to keep the container in a locked container, meaning a container fully enclosed and secured by a padlock, key lock, combination lock, or similar locking device. Section 23225 does not apply to the living quarters of a housecar or camper.

Exemptions

Vehicle Code Section 23229 is California's actual exemption section for vehicle occupants. Except as provided in Section 23229.1, it excuses a passenger, but not the driver, from the Section 23221 drinking ban and the Section 23223 possession ban if the passenger is riding in:

• A bus, taxicab, or limousine for hire licensed to transport passengers under the Public Utilities Code or proper local authority.
• A pedicab.
• The living quarters of a housecar or camper.

Section 23229 also exempts the driver or owner of one of these vehicles from the Section 23225 storage duty.

Penalties

A violation of California's open container statutes is charged as an infraction, the state's default classification for Vehicle Code violations. California's Uniform Bail and Penalty Schedule sets the exact base fine amount for infractions, and that specific dollar figure was not independently confirmed for this page; readers who need the current amount should check the schedule for the county where the citation was issued.

How California's Law Fits the Federal Open Container Standard

Federal law, 23 U.S.C. Section 154, ties a small share of a state's highway funding to having an open container law that meets a set of minimum elements: banning both possession and consumption, covering the whole vehicle's passenger area, reaching every occupant (driver and passengers alike), and applying on public highways with primary enforcement. A state that does not meet those elements has 2.5 percent of certain federal highway apportionments reserved, and then, in the proportions the state elects, released for eligible highway-safety-improvement activities or transferred to the state's Highway Safety Program, under FHWA's annual apportionment notice.

California's linked statutes ban both drinking (Section 23221) and possession (Sections 23222, 23223, and 23226), cover the driver and every passenger, and apply on public highways, so California is not on FHWA's list of non-conforming states for fiscal year 2026 (FHWA Notice N4510.905, dated October 1, 2025).

For how this rule compares with every other state, see the open container laws by state comparison.

Disclaimer: This article provides general legal information about open container laws in the United States as of September 2026. It is not legal advice. Open container statutes, exemptions, and penalties change; verify the current text of your state's law before relying on it, and consult a lawyer licensed in your state for advice about a specific situation.

Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.