Open Container Laws in Pittsburgh

While Pennsylvania’s Open Container laws can be confusing, an experienced attorney can help you understand them. These laws are part of Pennsylvania’s broader set of regulations concerning Operating a Vehicle under the Influence (DUI) and were established to enhance public safety by discouraging public intoxication and drunk driving. The rules place limits on carrying open bottles or cans of alcohol, both for individuals in vehicles and for those walking in public areas.

What the Law Says

In Pennsylvania, no one inside a motor vehicle is permitted to consume alcohol, which includes beer or any other intoxicating beverage. Furthermore, neither the driver nor any passengers are allowed to possess open containers of alcohol within the vehicle. This regulation applies regardless of whether the vehicle is in motion on a street, stationary on a highway or other public property, or on private land that is accessible to the public for parking or transit. A knowledgeable Pittsburgh DUI lawyer can provide clarity on these specific statutes.

It is also illegal to carry an open container of alcohol—be it a cup, bottle, or can—in a public space. An exception exists if the individual is within a designated zone that has been granted a special permit allowing for the consumption of alcohol.

Exceptions to the Open Container Law

There are specific situations where an open container of alcohol is permissible in a vehicle. The first involves a chauffeured limousine, under the following conditions:

• Only the passengers, not the driver, are allowed to drink.
• Passengers cannot consume alcohol if they are seated in the front with the driver.
• A prearranged contract must exist between the passengers and the limousine service, with a fee having been paid.

The second exception for motor vehicles concerns an opened bottle of wine. This also comes with several stipulations:

• The wine must have been bought from a licensed store or establishment.
• It must be stored in the trunk or another area of the vehicle not typically occupied by the driver or passengers, and where it is inaccessible to the driver. If the vehicle lacks a trunk, the wine should be placed behind the rearmost upright seat.
• The bottle must be securely resealed in a manner that makes it obvious if it has been reopened or tampered with.

Exceptions for carrying open containers in a public place are detailed below. It is important to note that these apply in Allegheny County and throughout Pennsylvania.

• Beer and liquor consumed within a designated convention facility.
• Alcohol purchased and consumed at a location that holds a permanent or temporary permit for its sale.
• Wine and liquor tastings conducted by licensed vendors.
• Alcohol brought to a music festival, provided the property owner has a permit and has given consent.
• Alcohol brought to an orchestra performance, if the venue proprietor has a permit and has authorized it.
• Alcohol brought into a racetrack or other motorsports facility, with the owner’s permission.
• Alcohol purchased from a vendor within an outdoor refreshment area, as long as you remain within that designated area and the vendor has the proper permit.
• Occupying a commercial quadricycle on a public road, provided you are not in the front seat, possess no more than 36 ounces of beer or 18 ounces of wine, and are not on a road with other traffic. A Pittsburgh criminal lawyer can clarify these nuances.

Open Container Penalties

Despite the exceptions, you are generally not permitted to carry an open container or glass of alcohol in a public place in Pennsylvania. If an open container of alcohol is found in your vehicle, it can lead to an enhanced sentence for a DUI charge.

• An open container violation outside of a vehicle is classified as a first-degree misdemeanor, which carries a fine of $150.
• An open container violation inside a vehicle is a fourth-degree misdemeanor. This can result in up to 30 days in jail and a fine of $250 upon conviction.

The Logue Law Group specializes in defending against DUI-related charges, including open container violations. Call 412-387-6901 or contact us online to schedule a consultation.