Colorado Open Container Law (2026): Statute and Penalty

Colorado bans both the driver and passengers from drinking alcohol or having an open container in the passenger area of a vehicle on a public highway, under C.R.S. Section 42-4-1305(2)(a). As of September 2026, the operative text was confirmed against the state's own official code site.

Jurisdiction scope: This article addresses Colorado's state open container law, covering driver and passenger possession and consumption, under C.R.S. Section 42-4-1305. It does not address DUI charges, or rules for boats. For Colorado's separate DUI penalties, see Colorado DUI laws.

What Colorado's Open Container Law Prohibits

Colorado's statute bans both drinking and possessing an open container in one subsection. The official Colorado Revised Statutes text reads:

"(2)(a) Except as otherwise permitted in paragraph (b) of this subsection (2), a person while in the passenger area of a motor vehicle that is on a public highway of this state or the right-of-way of a public highway of this state may not knowingly: (I) Drink an alcoholic beverage; or (II) Have in his or her possession an open alcoholic beverage container."

C.R.S. § 42-4-1305(2)(a)

That single rule reaches everyone in the passenger area, driver and passengers alike, and it bans both the act of drinking and the mere possession of an open container.

What Counts as the "Passenger Area"

Colorado defines the "passenger area" as the space designed to seat the driver and passengers while the vehicle is being operated, plus any area readily accessible to the driver or a passenger while in a seated position (in plain terms, without getting out of the vehicle). That definition explicitly includes the glove compartment, which puts Colorado among the stricter states: moving an open container into the glove box does not take it out of the banned zone.

Exemptions

Subsection (2)(b) carves out four situations:

• A passenger, but not the driver or a front-seat passenger, riding in a vehicle designed to carry passengers for hire.
• A passenger, but not the driver or a front-seat passenger, in the living quarters of a house coach, house trailer, motor home, or trailer coach.
• The area behind the last upright seat, in a vehicle with no trunk.
• An area not normally occupied by the driver or passengers, in a vehicle with no trunk.

Local Ordinances

Subsection (3) of the statute expressly preserves the authority of any statutory or home-rule town, city, or city-and-county in Colorado to adopt its own open container ordinance, as long as that local ordinance is no less restrictive than the state law. A driver or passenger in a Colorado municipality with its own ordinance could face a stricter local rule on top of the state statute.

Penalty

Violating Colorado's open container law is a class A traffic infraction. The statute sets the fine at $50, plus a $16 surcharge, under C.R.S. Sections 42-4-1305(2)(c) and 42-4-1701(4)(a)(I)(N).

Federal Compliance

Federal law, 23 U.S.C. Section 154, conditions a share of a state's highway funding on having an open container law that bans both possession and consumption, covers the whole passenger area, reaches every occupant, and is primarily enforced. States that fall short have 2.5 percent of certain federal highway apportionments reserved and redirected to highway safety programs, under FHWA's annual apportionment notice. Colorado's statute meets those elements, so Colorado 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 Colorado's open container law as of September 2026. It is not legal advice. Consult a lawyer licensed in Colorado for advice about a specific situation.

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