Each state has different open container laws, and if you don’t know the specific rules where you are, you may not realize you are breaking the law. Colorado’s open container laws apply to both alcohol and marijuana and cover how these substances can be transported, stored, or consumed in a motor vehicle and in public places.
Understanding Colorado alcohol laws and Colorado drinking laws is important whether you are driving, riding as a passenger, or simply transporting alcohol home from a restaurant or event. Local ordinances can also vary by municipality, so what is allowed in Denver may differ slightly from Colorado Springs.
If you are accused of violating open container laws, it is important to speak with a criminal defense attorney who can explain your rights and help you navigate the legal process.
Is Open Container Legal in Colorado?
In most cases, no.
Under Colorado Revised Statutes (C.R.S. 42-4-1305), it is illegal for a driver or passenger to drink alcohol or possess an open container of alcohol in the passenger area of a motor vehicle on a public highway. This applies even if the container is not actively being consumed.
This means the answer to “is open container legal in Colorado” is generally no, unless a specific exception applies.
A violation is considered a class A traffic infraction and can result in a fine, surcharge, and citations. Colorado has a separate law for marijuana under C.R.S. 42-4-1305.5, which also restricts an open container of marijuana in a motor vehicle.
What Is Considered an Open Container?
In Colorado, an open container of alcohol is defined as any bottle, can, jug, or other receptacle that contains any amount of an alcoholic beverage and is open.
A container is considered open if:
- The seal has been broken
- Some of the contents have been removed
- It contains any remaining amount of alcohol
Even a partially consumed bottle of alcohol or an empty container that previously held alcohol can qualify as an open container of an alcoholic beverage.
Colorado law generally follows the federal definition of alcohol, which includes beverages containing 0.5% alcohol by volume (ABV) or more. This includes beer, wine, cider, sake, malt liquor, and distilled spirits.
Typical alcohol content levels include:
- Beer: about 4 to 5 percent ABV
- Craft beer: about 6 to 8 percent ABV
- Specialty beer: up to 12 to 14 percent ABV or more
- Wine: about 5 to 18 percent ABV
- Liquor: about 40 percent ABV
The higher the alcohol content, the faster it can affect blood alcohol concentration. This becomes important if law enforcement suspects impairment and begins a DUI investigation.
Can a Passenger Drink in a Car in Colorado?
No, not in most situations.
Colorado’s open container laws make it illegal for anyone in the passenger area of a motor vehicle to drink alcohol while the vehicle is on a public road. This applies to both the driver and passengers, including those sitting in the back seat.
So if you are asking, “Can a passenger drink in a car in Colorado?” the answer is no for standard vehicles.
There are limited exceptions:
- Passengers in the living quarters of a motor home
- Passengers in limousines or certain vehicles for hire
Even in those cases, the driver is never allowed to drink alcohol.
Where Can You Store an Open Container in a Motor Vehicle?
Colorado law focuses heavily on whether an open alcoholic beverage container is located in the passenger compartment.
If you need to transport an open container, it must be stored outside of the passenger area of a motor vehicle.
Acceptable locations include:
- The trunk
- A rear cargo area not normally occupied by passengers
This applies to most vehicles, including SUVs and hatchbacks, where the cargo area is separated from where people sit.
The following locations are not allowed:
- Glove compartment
- Center console
- Anywhere within reach of the driver or passengers
Even a closed glove compartment is still considered part of the passenger area under state law.
Can You Drink Alcohol in Public in Colorado?
In most cases, no.
Colorado state law generally prohibits the consumption of alcohol in public places unless it is specifically allowed in designated areas. Some cities allow public drinking in certain zones or during permitted events, but rules vary.
Public places can include:
- Sidewalks
- Streets
- Parks
- Public roads and right-of-way areas
For example, in Denver, areas like Civic Center Park and Commons Park may allow alcohol during permitted events or within designated zones, but open container laws still apply outside of those conditions. Other parks may allow alcohol with a permit, while some prohibit it entirely.
Always check local laws before drinking alcohol in public.
How Colorado’s To-Go Alcohol Laws Work
Colorado allows restaurants, bars, and breweries to sell alcohol for takeout and delivery under certain conditions.
These beverages must be securely sealed and labeled. A typical example is a cocktail placed in a cup with a lid that is sealed to prevent access during transport.
However, if the seal is broken inside a motor vehicle, the container becomes an open container under Colorado’s open container laws.
This means you can legally purchase a drink to go, but you cannot open it while it is in the vehicle.
Penalties for Open Container Violations
Possession of an open container is a class A traffic infraction under Colorado law.
Penalties typically include:
- A $50 fine
- A surcharge
- A citation on your record
While this may seem minor, open container violations often lead to further investigation.
If law enforcement suspects impairment, they may administer a breathalyzer or field sobriety test. This can result in additional criminal charges, such as:
- DWAI, which can apply at a BAC of 0.05
- DUI, which applies at a BAC of 0.08 or higher
A Colorado DUI or DWAI conviction can lead to:
- Increased fines
- Driver’s license suspension
- Community service
- Probation
- Jail time
Because of this, even a simple open container violation can escalate into a more serious legal issue.
Is Marijuana Subject to Open Container Laws in Colorado?
Yes. Colorado has a separate statute that applies to an open container of marijuana in a motor vehicle.
An open container of marijuana is defined as a receptacle or accessory that:
- Contains any amount of marijuana
- Has a broken seal or is open
- Has had some of its contents removed
- Shows evidence that marijuana was consumed in a motor vehicle
Unlike alcohol, there generally must be evidence of use inside the vehicle for a violation to apply.
Possession of an open container of marijuana is also treated as a traffic infraction, with fines and a surcharge.
Real-World Examples of Open Container Violations
Understanding how Colorado’s open container laws apply in everyday situations can help you avoid violations:
- Driving home with an open bottle of alcohol from a restaurant
- A passenger drinking alcohol in the back seat
- Storing an open alcoholic beverage container in a glove compartment
- Opening a to-go cocktail while in transit
- Having a marijuana container or pipe with evidence of recent use
Each of these scenarios can result in citations or further investigation.
How Open Container Laws Apply to Minors & Teenagers
Individuals under 21 are subject to stricter rules under Colorado drinking laws. A teenager found in possession of an open container of alcohol may face additional charges beyond standard open container violations, including underage possession or consumption of alcohol.
Even if the amount of alcohol is small, minors can still be cited. Law enforcement may also look more closely at the situation, especially if the open container is found in a motor vehicle or tied to unsafe driving behavior.
Penalties for minors can include:
- Fines
- Mandatory alcohol education programs
- Community service
- Possible impact on driving privileges
Because Colorado takes underage drinking seriously, these cases can carry longer-term consequences that affect school, employment, and a driver’s license.
Even for a first-time offender, whether a minor or an adult, an open container violation can lead to more serious legal issues if other factors are involved, such as DUI, DWAI, or additional criminal charges.
Contact a Colorado Criminal Defense Lawyer
If you have been charged with possession of an open container or related offenses, it is important to understand your legal options. Even a minor citation can lead to more serious consequences if it involves alcohol or marijuana use.
A criminal defense lawyer can review your case, explain how Colorado’s open container laws apply, and help you respond to any criminal charges.
The Law Offices of M. Colin Bresee has experience handling open container violations, DUI cases, and other criminal defense matters. If you need help, contact the law firm to schedule a free consultation.
Frequently Asked Questions
Can you drink in the back seat in Colorado?
No. The law applies to the entire passenger area of a motor vehicle, including the back seat.
How much is an open container ticket in Colorado?
Most open container violations result in a $50 fine, plus a surcharge.
Can you walk around with a beer in Colorado?
Usually no, unless you are in a designated area where public drinking is allowed.
Can you drink in a parked car in Colorado?
It can still be illegal depending on where the vehicle is located and whether the container is accessible.
Disclaimer: Past results do not predict future performance. Neither this page nor any other on the website constitutes legal advice and does not establish an attorney-client relationship.
