Mississippi
Mississippi Open Container Law (2026): No Statute Confirmed
Independently fact-checked against primary sources (last audited September 17, 2026). · 2 primary sources cited on this page. How we verify our legal content
Research for this page could not confirm that Mississippi has a statewide law banning open alcoholic beverage containers in a vehicle. A review of Mississippi's traffic code turned up no open-container or passenger-possession provision, but the state's official code could not be reliably searched to rule one out, so this is not a confirmed negative finding. Mississippi's core alcohol-and-driving statute, Miss. Code Ann. Section 63-11-30, addresses driving under the influence, not open containers, and federal regulators list Mississippi among the states that do not meet the federal open container standard. As of September 2026, this is the most current information available.
Jurisdiction scope: This article addresses whether Mississippi has a statewide vehicle open-container law. It does not address Mississippi's separate DUI statute in detail, local ordinances outside the alcohol-and-driving context, or public-consumption rules. For Mississippi's DUI penalties, see Mississippi DUI laws.
What the Research Found, and Didn't Find
A search of Mississippi's statutes did not locate a statewide law that bans a driver or passenger from having an open, unsealed alcoholic beverage container inside a vehicle. Title 63 of the Mississippi Code, which covers traffic regulations, contains a DUI and implied-consent chapter but no chapter or section addressing open containers or passenger possession of alcohol.
That absence is not the same as a confirmed negative. The state-designated Mississippi Code Public Access portal, linked from the Secretary of State's office, is free to read but is hosted on a third-party legal-database platform that could not be searched or navigated reliably enough this session to complete a full title-by-title confirmation that no open-container provision exists elsewhere in the code. Because that search could not be completed, this page states the finding honestly as unconfirmed rather than as a settled fact that Mississippi has no such law. A reader who needs certainty on this point, particularly before a court date, should confirm directly with a Mississippi attorney or the clerk of the relevant court.
Mississippi's DUI Law Still Applies
Whether or not an open-container statute exists, Mississippi's driving-under-the-influence law, Miss. Code Ann. Section 63-11-30, remains fully in force. That statute makes it illegal to operate a vehicle while impaired by alcohol or drugs, and it does not depend on whether a container in the vehicle was open or closed. An open container found during a traffic stop can still be used as evidence supporting a DUI investigation or arrest, even without a separate open-container charge.
Local Ordinances May Still Apply
Some Mississippi municipalities, particularly those with designated entertainment or resort districts, regulate outdoor public consumption of alcohol under the state's local option alcoholic beverage control provisions. Those provisions govern drinking in public spaces like sidewalks and streets. A reader in a specific Mississippi city or county should check that jurisdiction's own municipal code rather than assume no local rule applies to alcohol carried inside a motor vehicle.
Why Mississippi Is on the Federal Non-Conforming List
Federal law, 23 U.S.C. Section 154, ties a share of a state's highway funding to having an open container law that bans both possession and consumption for every occupant of a vehicle. FHWA's fiscal year 2026 apportionment notice lists Mississippi among 12 states that do not meet that standard (FHWA Notice N4510.905, dated October 1, 2025). Mississippi has 2.5 percent of certain federal highway apportionments reserved and, absent a compliant law, redirected to highway safety programs. This federal listing is independently verified and does not depend on whether Mississippi's code contains an open-container statute that this research simply could not locate; a state with no open-container law at all would also appear on this list.
Disclaimer: This article provides general legal information about open container laws in the United States as of September 2026. It is not legal advice. This page describes what current research could and could not confirm about Mississippi law; verify the current state of Mississippi law directly with a Mississippi attorney or court before relying on it, especially if you are facing a citation.
Related reading: open container laws by state, Mississippi DUI laws, and Mississippi window tint laws.
Statutes cited reflect their in-force version as of 2026-09-16. Last updated: 2026-09-16.
Frequently Asked Questions
Does Mississippi have an open container law?
Research for this page could not confirm a statewide Mississippi statute that bans having an open alcoholic beverage container in a vehicle. The state's official code could not be reliably searched to rule one out, so this is not a confirmed negative, but no such statute was located in the sources reviewed.
Can a passenger drink alcohol in a car in Mississippi?
No statewide statute banning open-container possession or passenger consumption was found in this research. That does not mean the conduct is risk-free: an open container can still support a DUI investigation of the driver, and local ordinances may apply in some cities.
Why is Mississippi on the federal open container non-compliance list?
Federal law under 23 U.S.C. Section 154 requires a state's law to ban both possession and consumption of open containers for every vehicle occupant to be considered compliant. FHWA lists Mississippi as not meeting that standard for fiscal year 2026, consistent with no qualifying statewide statute having been located.
Does Mississippi's DUI law cover open containers?
No. Miss. Code Ann. Section 63-11-30 is an impairment-based DUI statute. It does not ban simply having an open container in a vehicle, though an open container found during a stop can still be used as evidence in a DUI case.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- Mississippi Secretary of State - official access point for the Mississippi Code (no free full-text search of the official code is available directly from the state)(sos.ms.gov).gov
- Mississippi Code Public Access (LexisNexis-hosted, the state-designated official portal linked from the Secretary of State's site) - Title 63, Chapter 11, Implied Consent Law, including Section 63-11-30; a full TOC-level drill-down to confirm no open-container provision exists elsewhere in Title 63 did not complete this session(lexisnexis.com)
- 23 U.S.C. § 154(a) - Open container requirements(law.cornell.edu)
- FHWA Notice N4510.905 - FY2026 Apportionment of Federal-Aid Highway Program Funds (open container non-conforming states list)(highways.dot.gov).gov