Tennessee’s open-container law surprises many drivers because the state statute is written primarily around the driver, not every person inside the vehicle. Under state law, a driver may not consume alcohol or possess an open container while operating a motor vehicle. But the statute also says an open container is not considered to be in the driver’s possession when it is actually in a passenger’s possession.
That does not mean passengers can always drink alcohol in every Tennessee city or county. State law expressly allows local governments to adopt stricter rules for passengers. The answer therefore depends on both Tennessee law and any applicable local ordinance.
What Tennessee’s Open-Container Statute Says
Tenn. Code Ann. § 55-10-416 provides that a driver may not consume an alcoholic beverage or beer or possess an open container while operating a motor vehicle in Tennessee.
The statute defines an “open container” as a container holding alcohol or beer when the contents are immediately capable of being consumed or the seal has been broken.
The law also defines when the container is considered to be in the driver’s possession. Under the statute, an open container is in the driver’s possession when it is:
- Not in the possession of a passenger; and
- Not located in a closed glove compartment, trunk, or other nonpassenger area of the vehicle.
Can a Passenger Possess an Open Beer or Drink Under Tennessee State Law?
The wording of the state statute means a passenger’s possession of the open container is treated differently from the driver’s possession. Tennessee did not write § 55-10-416 as a statewide ban on every passenger possessing an open alcoholic beverage.
However, subsection (c) specifically allows a municipality or county to prohibit passengers from consuming or possessing alcohol in an open container while the vehicle is being operated. A local ordinance can therefore be stricter than the statewide rule.
Before assuming passenger drinking is lawful, you need to know where the vehicle is being operated and whether a city or county ordinance applies.
What Counts as “Operating” the Vehicle?
A car does not have to be moving. Tennessee’s open-container statute says a motor vehicle is in operation if the engine is operating, whether or not the vehicle itself is moving.
That means sitting in a parked car with the engine running can still trigger the statute. Turning into a parking lot or pulling onto the shoulder does not automatically remove the issue if the engine remains on and the other elements are present.
Where Can an Open Container Be Stored?
The statute expressly identifies a closed glove compartment, trunk, or another nonpassenger area as places that are not considered to be in the driver’s possession for purposes of the open-container law.
That distinction matters when, for example, someone is transporting an unfinished bottle from a restaurant or carrying previously opened alcohol home. Leaving the bottle on the floorboard, center console, or seat creates a different legal question from placing it in the trunk or another nonpassenger area.
What Is the Penalty for Violating Tennessee’s Open-Container Law?
A violation of Tenn. Code Ann. § 55-10-416 is a Class C misdemeanor punishable by fine only. The statute also generally directs the officer to issue a citation instead of continuing to hold the person, unless the person refuses to sign and accept the citation as provided by law.
Even though the open-container charge itself is comparatively minor, it can arise during a traffic stop that develops into something much more serious.
- Jeremy Forgey
- Chris Griffin
Can an Open Container Lead to a DUI Investigation?
Yes. An open container does not prove DUI by itself, and an open-container violation and DUI are separate offenses. But an officer who sees alcohol in the vehicle may look for additional signs of impairment, ask questions about drinking, request field sobriety tests, or investigate whether there is probable cause for a DUI arrest.
Tennessee appellate cases show that open-container charges commonly appear alongside DUI charges. If you were arrested for DUI after an officer saw alcohol in the vehicle, the legality of the stop, detention, questioning, search, and testing can all matter.
Best And Brock’s Chattanooga DUI lawyers defend cases involving traffic stops, alcohol allegations, chemical testing, and related misdemeanor charges.
What If the Passenger Says the Drink Was Theirs?
That fact can matter because the statute specifically addresses whether the open container was in the passenger’s possession. But an officer and prosecutor may consider the total circumstances rather than accepting a statement at face value.
Questions may include where the container was located, who had access to it, who admitted drinking from it, whether additional containers were found, and what the officer observed before and during the stop.
Can a Driver Be Charged if the Passenger Is Drinking?
Potentially, depending on the facts and applicable local law. Under the state statute alone, an open container actually possessed by a passenger is treated differently from one possessed by the driver. But local passenger restrictions can change the analysis, and other offenses may be relevant depending on the circumstances.
It is also important not to confuse the open-container statute with DUI law. A driver can be charged with DUI based on impairment or the applicable alcohol concentration even if the passenger technically possessed the open container.
Does Tennessee’s Rule Apply to Every Kind of Vehicle?
Section 55-10-416 applies to operation of a motor vehicle in Tennessee. Special rules and exceptions may apply in transportation, commercial, or local-regulation contexts, so a general article should not be used as a substitute for reviewing the actual vehicle and location involved in a citation.
What Should You Do After an Open-Container or DUI Citation?
- Keep the citation and any paperwork you received.
- Write down where every container was located and who possessed it.
- Preserve receipts, photographs, dash-camera footage, or other relevant evidence.
- Do not assume the case is insignificant simply because the open-container charge is punishable by fine only.
- If DUI or another offense was also charged, have the entire stop reviewed together.
A Tennessee criminal defense attorney can review the stop, local ordinance, officer’s observations, and whether the evidence supports the actual charge filed.
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Frequently Asked Questions About Tennessee Open-Container Law
Can a passenger drink beer in a car in Tennessee?
Tennessee’s statewide open-container statute primarily prohibits the driver from drinking or possessing an open container, but state law allows cities and counties to adopt stricter rules that prohibit passenger possession or consumption. Local law matters.
Can I have an opened bottle in the trunk?
Under Tenn. Code Ann. § 55-10-416, an open container located in the trunk or another nonpassenger area is not treated as being in the driver’s possession for purposes of the state open-container statute.
Does the car have to be moving?
No. The statute says a vehicle is in operation if its engine is operating, even when the vehicle is not moving.
Is an open-container violation a DUI?
No. They are separate offenses. An open container may become part of a DUI investigation, but the State must separately prove the elements of DUI.
Can local Tennessee governments ban passenger drinking?
Yes. Tenn. Code Ann. § 55-10-416 expressly allows municipalities and counties to prohibit passengers from possessing or consuming open alcohol in an operating vehicle.
Charged After a Traffic Stop in Tennessee?
If an open-container citation came with a DUI arrest or another criminal charge, the entire encounter should be reviewed together. Contact Best And Brock or call (423) 829-1043 for a free consultation.
Law checked as of September 16, 2026.
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