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HomeVehicle CodeDiv. 11Ch. 12Art. 2§ 23226 Open Alcohol In Vehicles

§ 23226 Open Alcohol In Vehicles

Vehicle Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 23226 Open Alcohol In Vehicles

This law says you can't have open alcohol in the main part of a car while driving. Both the driver and passengers can get in trouble for this.

Key Takeaways

  • •No open alcohol bottles or cans are allowed in the main part of the car while driving.
  • •Both the driver and passengers can get in trouble if there's open alcohol in the car.
  • •This rule doesn't apply to the living area of a camper or RV.

Example

You and your friends are driving home from a party, and one of them has an open beer bottle in the backseat.

Even if the driver isn't drinking, just having that open beer in the car can get both the passenger and the driver in trouble with the police.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 23226 Open Alcohol In Vehicles

(a) It is unlawful for any driver to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed. (b) It is unlawful for any passenger to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed. (c) This section does not apply to the living quarters of a housecar or camper. (Amended by Stats. 2019, Ch. 497, Sec. 277. (AB 991) Effective January 1, 2020.)

Last verified: January 9, 2026

Key Terms

unlawfulpassenger compartmentalcoholic beverageopenedseal brokenpartially removedliving quartershousecarcamper

Related Statutes

  • § 23223 Open Alcohol In Vehicles
  • § 23225 Open Alcohol Container Rules
  • § 23220 Off-Road Drinking And Marijuana
  • § 23221 Driving Under Influence Prohibited
  • § 23152 Driving Under Alcohol Influence

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Vehicle Code. Section 23226.
View Official Source