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Introduction

Washington State’s open container law, codified in RCW 46.61.519, strictly regulates alcohol consumption and possession in motor vehicles on public highways. The law enhances road safety by minimizing risk factors associated with alcohol in the driver’s vicinity.

🚗 What RCW 46.61.519 Prohibits

Drinking Alcohol in a Vehicle

Under subsection (1), drinking any alcoholic beverage while in a motor vehicle upon a public highway is a traffic infraction Washington State Legislature+12Washington State Legislature+12Blanford Law+12.

Possessing an Open Container

Subsection (2) makes it illegal to possess a bottle, can, or other receptacle containing alcohol if it has been opened, unsealed, or partially consumed while inside a vehicle on a highway Blanford Law+7Washington State Legislature+7Casemine+7.

Vehicle Owner Liability

Subsection (3) extends liability to the registered vehicle owner (or driver if the owner is absent): open or partially consumed alcoholic beverages must be stored in the trunk, or in a non‑passenger compartment if no trunk exists. Glove boxes or utility compartments are specifically within the prohibited passenger area Washington State Legislature+13Washington State Legislature+13Blanford Law+13.

🧾 Exceptions to the Rule

According to subsection (4), the following are not subject to open container restrictions:

  • Commercially chartered public conveyances (like party buses)
  • Living quarters of motor homes or campers
  • Passengers in licensed for‑hire vehicles (e.g., limousines) under certain rules (RCW 66.44.250)
  • Privately‑owned vehicles driven by licensed employees during employment duties

However, none of these exceptions permit drivers to possess or consume alcohol while drivingCasemine+15Washington State Legislature+15Blanford Law+15.

⚖️ Penalties & Local Variations

Traffic Infraction Consequences

Violations under subsections (1) or (2) are treated as traffic infractions. Standard fines typically are limited (often under $250), and under WAC 308‑104‑135 the infraction will not be placed on the driver’s record if it occurred while they were merely a passenger Justia Law+2Washington State Legislature+2Washington State Legislature+2.

Local Ordinance Authority

Per RCW 46.61.5191, cities or counties may enact local statutes that mirror or exceed the penalties in RCW 46.61.519Washington State Legislature+15Washington State Legislature+15Washington State Legislature+15.

✅ Practical Tips for Drivers & Passengers

  1. Never consume alcohol in a vehicle on a public highway.
  2. If transporting an opened alcoholic beverage, immediately store it in the trunk or equivalent non‑passenger area.
  3. Be aware that owners and drivers may be penalized—even if the individual consuming alcohol is someone else.
  4. Check for local ordinances in your city or county as they may impose higher penalties than state law.
  5. Passengers generally won’t receive a driving record mark for infractions—but drivers or owners still can be cited.

Call to Action

Contact Blanford Law today at ken@blanfordlaw.com or 253‑720‑9304 for skilled legal assistance with open container infractions, DUI-related concerns, or other traffic-law matters in Washington.

Additional Resources