New Jersey’s open container law catches people off guard in two ways: it applies even when the driver is stone-cold sober, and it can reach passengers, not just the person behind the wheel. An open bottle or can of alcohol in the passenger compartment of a moving car is its own violation — separate from any DWI — under N.J.S.A. 39:4-51b.
Two related offenses
- N.J.S.A. 39:4-51a — consumption of alcohol in a moving vehicle on a public road.
- N.J.S.A. 39:4-51b — possession of an open container of alcohol in the passenger compartment of a vehicle on a public road.
The open-container provision doesn’t require anyone to be drinking or impaired — merely having an open container accessible in the passenger area is enough. The container is considered “open” if its seal is broken or some contents have been removed.
The penalties
Open container and in-vehicle consumption violations carry a fine for a first offense, and a fine plus community service (or additional consequences) for repeat offenses. They generally do not add motor-vehicle points. The bigger concern is usually the context in which they arise.
Why context matters
An open container often surfaces during a stop that’s about something else — and it can become part of the story in a DWI investigation, even though the two are legally distinct. An open container is not proof of impaired driving, and conflating the two is something to watch for. If the open container was discovered during a search, the lawfulness of that search — including, where marijuana was involved, the limits on odor-based searches — can matter to the whole case.
How these tickets get handled
- Whose container was it, and was it actually in the passenger compartment and accessible?
- Was the container actually “open” as the statute defines it?
- Was it found through a lawful search, or one that can be challenged?
- Is it part of a larger case — a DWI or drug charge — where the bigger exposure is the real priority?
Cited for an open container? It’s worth a quick review
On its own it’s a fine, but in the context of a DWI or a search it can matter more. If you or a passenger was cited under 39:4-51 anywhere in New Jersey — especially as part of a bigger stop — it’s worth a free call to understand how to handle it.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Traffic Ticket Defense Guide.