Pennsylvania Open Container Law (2026): Statute and Penalty

Pennsylvania bars an operator or occupant of a vehicle from possessing an open alcoholic beverage container, and separately bars them from consuming alcohol in the vehicle, while it is on a highway, under 75 Pa.C.S. Section 3809. As of September 2026, a live read of the official statute text confirmed both the possession ban and the consumption ban.

Jurisdiction scope: This article addresses Pennsylvania's state open container law, covering possession and consumption by the operator and occupants, under 75 Pa.C.S. Section 3809. It does not address DUI charges or controlled-substance offenses. For the full state-by-state comparison, see our open container laws guide. For Pennsylvania's separate DUI penalties, see Pennsylvania DUI laws, and for window tint rules, see Pennsylvania window tint laws.

What Pennsylvania's Open Container Law Prohibits

The official Pennsylvania statute text, opened directly at the state's consolidated statutes site, reads:

"Except as set forth in subsection (b), an individual who is an operator or an occupant in a motor vehicle may not be in possession of an open alcoholic beverage container or consume a controlled substance as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or an alcoholic beverage in a motor vehicle while the motor vehicle is located on a highway in this Commonwealth."

75 Pa.C.S. Section 3809(a)

That single sentence does two things at once: it bans possessing an open alcoholic beverage container, and it separately bans consuming either a controlled substance or an alcoholic beverage, in a vehicle on a highway. The ban applies to "an operator or an occupant," which covers the driver and every passenger.

Exemptions

Subsection (b) of Section 3809 exempts two situations:

• A passenger, but not the operator, riding in the passenger area of a vehicle used for hire, including a bus, taxi, or limousine named expressly in the statute.
• The living quarters of a house coach or house trailer.

Penalty

A violation of Section 3809 is a summary offense. 75 Pa.C.S. Section 6502(c) makes Title 18's fine and imprisonment provisions for summary offenses inapplicable to the Vehicle Code, so the fine is not set under 18 Pa.C.S. Section 1105. Instead, 75 Pa.C.S. Section 6502(a) sets the default fine for a Vehicle Code summary offense that carries no other specified penalty at $25.

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. Pennsylvania's statute meets those elements, so Pennsylvania is not on FHWA's list of non-conforming states for fiscal year 2026 (FHWA Notice N4510.905, dated October 1, 2025).

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.