Wisconsin Open Container Law (2026): Statute and Penalty

Wisconsin bans anyone from drinking alcohol in a motor vehicle on a highway, and separately bans anyone from possessing, on his or her person, an opened alcohol container in a privately owned vehicle on a public highway, under Wis. Stat. Section 346.935. As of September 2026, the operative text was confirmed against the state's official code site.

Jurisdiction scope: This article addresses Wisconsin's state open container law, covering the drinking ban, the possession ban, and the storage rule, under Wis. Stat. Section 346.935. It does not address DUI charges. For Wisconsin's separate DUI penalties, see Wisconsin DUI laws.

The Two Separate Bans

Wisconsin's statute is structured as two distinct prohibitions rather than one combined rule. The official Wisconsin Statutes text reads:

"No person may drink alcohol beverages or inhale nitrous oxide while he or she is in any motor vehicle when the vehicle is upon a highway."

Wis. Stat. Section 346.935(1)

"No person may possess on his or her person, in a privately owned motor vehicle upon a public highway, any bottle or receptacle containing alcohol beverages or nitrous oxide if the bottle or receptacle has been opened, the seal has been broken or the contents of the bottle or receptacle have been partially removed or released."

Wis. Stat. Section 346.935(2)

Both bans reach any person in the vehicle, not just the driver. The first bans the act of drinking (or inhaling nitrous oxide) anywhere in a vehicle on a highway; the second bans simply having an opened container on your person in a privately owned vehicle on a public highway.

The Storage Rule and the Glove Compartment Trap

Wis. Stat. Section 346.935(3) puts the storage duty on the owner of a privately owned motor vehicle, or the driver of the vehicle if the owner is not present. That owner or driver must not keep, or allow to be kept, an opened container anywhere but the trunk or, in a vehicle with no trunk, an area not normally occupied by the driver or passengers. Wisconsin's statute is explicit that a glove compartment or utility compartment does not qualify as that kind of area; the text treats it as part of the space normally occupied by the driver and passengers, so storing an open container there does not satisfy the rule.

Exemptions

Wis. Stat. Section 346.935(4)(b) states that "this section does not apply" to passengers in a limousine or a motor bus who possess an opened container, as long as the vehicle is operated by a licensed chauffeur and complies with any local ordinance or regulation adopted for that exemption. Read literally, that carve-out lifts the entire section for a qualifying passenger, including the drinking ban in subsection (1), not merely the possession ban in subsection (2). That local-ordinance condition means a municipality can add its own requirements to this specific carve-out, though it does not control the underlying statewide ban. The statute defines the two terms that decide whether a given ride qualifies: a "chauffeur" is a person employed full time or on a regular basis, including a leased driver, for the principal purpose of operating a motor vehicle; a "limousine" is a motor vehicle for charter or hire, operated by such a chauffeur, and designed to transport persons rather than property.

Penalty

An ordinary violation of Wisconsin's open container law is a forfeiture under Wis. Stat. Section 346.95, the chapter-wide penalty provision, a civil, non-criminal penalty, rather than a misdemeanor or infraction. Wis. Stat. Section 346.95(2m) sets the base forfeiture: a person violating Section 346.935 may be required to forfeit not more than $100. In addition to any other penalty prescribed by law, a commercial motor vehicle operator who violates this section is also punished under the separate, heightened penalty schedule at Wis. Stat. Section 346.65(2u); that heightened schedule stacks on top of the ordinary forfeiture rather than replacing it.

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. Wisconsin 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.