West Virginia
West Virginia Open Container Law (2026): Statute and Penalty
Independently fact-checked against primary sources (last audited September 17, 2026). · 2 primary sources cited on this page. How we verify our legal content
West Virginia bans the operator and any passenger of a motor vehicle from possessing an open alcoholic beverage container, or from drinking alcohol, in the passenger area of a vehicle on a public highway or its right-of-way, under W. Va. Code Section 17C-5D-3. As of September 2026, the operative text was confirmed against the state's official code site.
Jurisdiction scope: This article addresses West Virginia's state open container law, covering possession and consumption by the operator and passengers, under W. Va. Code Section 17C-5D-3. It does not address DUI charges. For West Virginia's separate DUI penalties, see West Virginia DUI laws.
What West Virginia's Open Container Law Prohibits
West Virginia's statute reaches both the driver and every passenger by name. The official West Virginia Code text reads:
"It is unlawful for the operator or a passenger of a motor vehicle to knowingly possess any open alcoholic beverage container in the passenger area"
W. Va. Code Section 17C-5D-3
The section also bans consuming any alcoholic beverage in the passenger area. Both prohibitions apply to a motor vehicle on a public highway or the right-of-way of a public highway, whether the vehicle is moving or parked. That "operator or a passenger" phrasing is worth noting because several neighboring states write their open container statutes around the driver's conduct alone; West Virginia's text names the passenger as directly as it names the operator.
Exemptions
West Virginia's law does not apply to:
- A passenger, though not the operator, riding in a vehicle designed for transporting persons for compensation, such as a bus, taxicab, or limousine.
- A person in the living quarters of a motorized or nonmotorized house coach, trailer, motor home, or self-contained camper.
Penalty
A violation of West Virginia's open container law is a misdemeanor. The statute sets the fine at not less than $50 nor more than $100.
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. West Virginia's statute meets those elements, so West Virginia 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.
Frequently Asked Questions
Can a passenger have an open container in a car in West Virginia?
No. W. Va. Code Section 17C-5D-3 makes it unlawful for the operator or a passenger to knowingly possess an open alcoholic beverage container in the passenger area of a motor vehicle on a public highway or its right-of-way.
Does West Virginia's open container law apply to a parked car?
Yes. The prohibition applies whether the vehicle is on a public highway or its right-of-way and is in motion or at rest.
Are bus, taxi, or limousine passengers exempt from West Virginia's open container law?
Yes. A passenger, though not the operator, riding in a vehicle designed to transport people for compensation is exempt.
What is the fine for an open container violation in West Virginia?
A violation is a misdemeanor with a fine of not less than $50 nor more than $100.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- W. Va. Code § 17C-5D-3 - Possession or consumption of open alcoholic beverage containers in vehicles; penalty(code.wvlegislature.gov).gov
- 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